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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, Ward 2(1), Trichy vs. Arunachalam Senthilkumar, Trichy

In the result, the appeal filed by the Revenue is dismissed

ITA 2053/CHNY/2024[2013-14]Status: DisposedITAT Chennai10 Dec 2024AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2053/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 The Income Tax Officer, Vs. Arunachalam Senthilkumar, Ward 2(1), 69, Vanapattarai Street, Trichy. Teppakulam, Trichy 620 002. [Pan:Aawps2788R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Smt. Samantha Mullamudi, Addl. Cit ""थ" की ओर से/Respondent By : None सुनवाई की तारीख/ Date Of Hearing : 10.12.2024 घोषणा की तारीख /Date Of Pronouncement : 10.12.2024 आदेश /O R D E R Per S.R. Raghunatha: This Appeal Filed By The Revenue Is Directed Against The Order Dated 31.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. We Find That This Appeal Was Filed With A Delay Of 2 Days. The Appellant-Revenue Filed An Affidavit Stating Reasons For The Said Delay. On Perusal Of The Same, We Find That The Reasons Stated By The Revenue Are Bonafide, Which Really Prevented In Filing The Appeal In Time. Thus, The Delay Of 2 Days Is Condoned & Admitted The Appeal For Adjudication.

For Appellant: Smt. Samantha Mullamudi, Addl. CITFor Respondent: None

CBDT Circular No. 06/2024, dated 17.09.2024. The ld. DR fairly conceded and being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.60,00,000/- in this appeal. Thus, the appeal filed by the Revenue is liable

Deputy Commissioner of Income Tax, Corporate Circle, Madurai vs. Thathi Ramasamy Naicker Varadharajan, Aruppukottai

In the result, the appeal filed by the Revenue is dismissed

ITA 1266/CHNY/2023[2014-15]Status: DisposedITAT Chennai10 Dec 2024AY 2014-15

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1266/Chny/2023 िनधा"रण वष"/Assessment Year: 2014-15 The Deputy Commissioner Of Vs. Shri Thathi Ramasamy Naicker Income Tax, Varadharajan, No. 1, T. Ramasamy Corporate Circle , Naicker Street, Vadugarkottai, Madurai. Aruppukottai 626 101. [Pan:Aagpv2535B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Nilay Baran Som, Cit ""थ" की ओर से/Respondent By : Shri N. Arjun Raj, Advocate सुनवाई की तारीख/ Date Of Hearing : 10.12.2024 घोषणा की तारीख /Date Of Pronouncement : 10.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 08.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 19, Chennai For The Assessment Year 2014-15. 2. When The Appeal Was Taken Up For Hearing, The Ld. Ar Shri N. Arjun Raj, Advocate Submits That The Tax Effect In The Appeal Filed By The Revenue Is Less Than The Monetary Limit Of ₹.60,00,000/- Fixed By The Cbdt To File An Appeal By The Revenue Before The Tribunal As Per The Cbdt Circular No.

For Appellant: Shri Nilay Baran Som, CITFor Respondent: Shri N. Arjun Raj, Advocate

I.T.A. No.1266/Chny/23 06/2024, dated 17.09.2024. The ld. DR fairly conceded and being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.60,00,000/- in this appeal. Thus, the appeal filed by the Revenue is liable to be dismissed