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“appeal before the tribunal”

AppealsSection 253Section 25316,033 judgments

The decision most relied on for appeal before the tribunal is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 judgments on BharatTax.

Leading authorities on appeal before the tribunal

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

CIT v. Pruthvi Brokers & Shareholders
349 ITR 336 · 2012 · High Court
956
citing judgments

Appellate authorities can entertain fresh claims or revised computations of income made by an assessee, even if these were not submitted through a revised return of income.

National Thermal Power Co. Ltd. v. CIT
389 ITR 326 · 2016 · High Court
241
citing judgments

An appellate authority can admit and adjudicate additional grounds of appeal if they are legal in nature or go to the root of the matter, even if not raised before lower authorities or filed belatedly.

Commissioner of Income Tax Madras v. Chenniyappa Mudiliar
1 SCC 591 · 1985 · Reported
225
citing judgments

The appellate tribunal must render a proper decision on both facts and law, disposing of an appeal on its merits rather than dismissing it solely due to the appellant's absence. This obligation is derived from Section 33(4) of the Income Tax Act, 1922, and reflects principles of natural justice.

Otters Club v. DIT
392 ITR 244 · 2017 · High Court
202
citing judgments

The Bombay High Court did not approve an order being passed by the Tribunal beyond a period of 90 days.

CIT v. Bharat General Reinsurance Co Ltd.
81 ITR 303 · 1971 · High Court
202
citing judgments

Income received by an assessee for services rendered to an Indian company may not be taxable, particularly when the Revenue does not contest its non-taxability. This principle aligns with CBDT Circular No. 14 of 1955, which has been approved by the Supreme Court.

Shivsagar Veg Restaurant v. ACIT
317 ITR 433 · 2009 · High Court
202
citing judgments

Orders that are inordinately delayed are liable to be recalled and heard afresh, and the Appellate Tribunal President should frame guidelines for timely disposal of appeals.

Judgments citing appeal before the tribunal

Income Tax Officer, Delhi vs. Two Axis Fintech Pvt. Ltd., Delhi

Appeal of the Revenue is dismissed on account of low tax effect

ITA 3590/DEL/2024[2021-22]Status: DisposedITAT Delhi12 Dec 2024AY 2021-22

Bench: Shri Vikas Awasthyआअसं.3590/िद"ी/2024 (िन.व. 2021-22) Income Tax Officer, R. No. 413 A, 4Th Floor, Cr Building, ...... अपीलाथ"/Appellant Ip Estate, New Delhi 110002 बनाम Vs. Two Axix Fintech P. Ltd., C-14, C.C Colony, Opp. Ratna Pratap Bagh, Delhi 110007 ..... "ितवादी/Respondent Pan No. Aabcf-2186-Q अपीलाथ" "ारा/ Appellant By : Shri Rajesh Tiwari, Sr. Dr "ितवादी"ारा/Respondent By : None सुनवाई क" ितिथ/ Date Of Hearing : 12/12/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 12/12/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals)/Additional/Joint Commissioner Of Income Tax (Appeals)-2, Nagpur (Hereinafter Referred To As 'The Cit(A)') Dated 10.06.2024, For Assessment Year 2021-22. 2. A Perusal Of The Grounds Of Appeal Show That The Tax Effect Involved In This Appeal Is Merely Rs.1,08,000/- I.E. Far Less Than The Tax Effect For Filing Of Appeal By The Department Before The Tribunal. The Cbdt Vide Circular No. 09/2024 Dated

For Appellant: Shri Rajesh Tiwari, Sr. DRFor Respondent: None

Department before the Tribunal. The CBDT vide Circular no. 09/2024 dated 2 17.09.2024 has increased the tax effect for filing of appeal before the Tribunal to Rs.60 lakhs. The ld. DR has not been able to show that the issue raised in appeal falls under any of the exceptions specified

Wissen Technology Private Limited, Bangalore vs. DCIT., Circle-17(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 1082/HYD/2024[2018-19]Status: DisposedITAT Hyderabad11 Dec 2024AY 2018-19

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1082/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19) Wissen Technology Private Vs. Deputy Commissioner Limited Of Income Tax Bangalore Circle-17(2) [Pan : Aabcw5249H] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Prabhakara Murthy, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 11/12/2024 घोर्णध की तधरीख/Date Of 11/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.09.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], Siliguri, Relating To A.Y.2018-19 On The Following Grounds : 1. In The Facts & Circumstances Of Appellant’S Case, The Impugned Order Under Section 250 Of I.T.Act Passed By Learned Addl/Jcit(A)-1, Siliguri, In Adjudicating The Appeal Filed Against Intimation U/S 143(1) Of I.T.Act Is Not Correct Both On The Facts & In The Law Applicable To The Facts Of The Appellant’S

For Appellant: Shri P.Prabhakara MurthyFor Respondent: : Shri Srinath Sadanala, DR
Section 143(1)Section 143(3)Section 250Section 36(1)(v)Section 36(1)(va)

disallowance of PF and ESI contribution u/s 36(1)(v) of the Act. 4. Aggrieved by the Ld.CIT(A), the assessee is in appeal before the Tribunal. 5. The first issue that came up for consideration from ground No.3 of assessee’s appeal is addition towards disallowance of interest paid

Shenoy Vidyasagar, Kanchipuram vs. ITO, Non Corp Ward2(3), Kochi

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 401/COCH/2024[2014-15]Status: DisposedITAT Cochin11 Dec 2024AY 2014-15

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2014-15 Shenoy Vidyasagar 3/142 5Th Street Mudichur, Tambaram Pallavaram, Kanchipuram 600043 [Pan: Awpps1368A] .......... Appellant Vs. The Income Tax Officer Non-Corporate Ward – 2(3), Kochi .......... Respondent Appellant By: Smt. Parvathy Ammal, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 11.12.2024 Date Of Pronouncement: 11.12.2024 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 26.03.2024 For Assessment Year (Ay) 2014-15. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Deriving Income From Salary. The Assessee Filed The Return Of Income On 26.07.2014 Declaring Total Income Of Rs. 4,06,590/- After Claiming Certain Deductions Amounting To Rs. 2,68,552/- In Form 16 Without Filing Any Supporting Evidences. Therefore, The Income Tax Officer, Non-Corporate Ward – 2(3) (Hereafter “The Ao”) Completed The Assessment Vide Order Dated 07.06.2016 Passed U/S. 143(3) Of The Income Tax Act, 1961 (The Act) At A Total Income Of Rs. 6,75,140/- By Making The Addition Of Rs. 2,68,552/-.

For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

filed before the CIT(A), who vide the impugned order confirmed the action of the AO. 4. Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal. 5. I heard the rival contentions of both the parties and perused the material available on record