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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

Murali Nukala, Hyderabad vs. ACIT., Circle 3(1), Hyderabad

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

ITA 1148/HYD/2024[2017-18]Status: DisposedITAT Hyderabad09 Dec 2024AY 2017-18

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1148/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Murali Nukala Vs. Acit, Circle-3(1) Hyderabad Hyderabad [Pan : Abfpn1674F] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Chaitanya Kumar, Ar रधजस् व द्वधरध/Revenue By:: Shri Reema Yadav, Dr सुिवधई की तधरीख/Date Of Hearing: 09/12/2024 घोर्णध की तधरीख/Date Of 09/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22/12/2023 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2017-18 On The Following Grounds :

For Appellant: Shri Chaitanya Kumar, ARFor Respondent: : Shri Reema Yadav, DR
Section 115Section 234ASection 250Section 69A

objection. 3. We have heard both the parties and considered relevant reasons given by the appellant for the delay in filing the appeal before the Tribunal. After hearing both the sides, we find that the reasons given by the appellant for not filing the appeal on or before ... their appellate order, upheld the addition and dismissed the appeal. 6. Aggrieved by the Ld.CIT(A) order, the assessee is now in appeal before the Tribunal. 5 7. The learned Counsel for the assessee, referring to ledger account of the appellant in the books of M/s Nookala Omprakash Murali

Indur Developers and Agencies Private Limited, Hyderabad vs. DCIT, Circle-1, Nizamabad

In the result, appeal filed by the assessee is allowed

ITA 1023/HYD/2024[2017-18]Status: DisposedITAT Hyderabad09 Dec 2024AY 2017-18

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1023/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Indur Developers & Vs. Dcit, Circle-1 Agencies Private Limited Nizamabad Hyderabad [Pan : Aabci4254Q] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Rama Rao,Ar (Through Virtual Mode) Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 09/12/2024 घोर्णध की तधरीख/Date Of 09/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14/02/2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2017-18 On The Following Grounds :

For Appellant: Shri S.Rama Rao,ARFor Respondent: : Shri Srinath Sadanala, DR
Section 144Section 147Section 37

dismissed. 4. We have heard both the parties and considered relevant reasons given by the appellant for the delay in filing the appeal before the Tribunal. After hearing both the sides, we find that the reasons given by the appellant for not filing the appeal on or before ... case of CIT Vs. B.N.Bhattacharjee and Another, 118 ITR 461 (SC). 7. Aggrieved by the Ld.CIT(A) order, the assessee is now in appeal before the Tribunal. 8. The learned Counsel for the assessee, Shri S.Rama Rao submitted that the Ld.CIT(A) is erred in sustaining the addition made

Vedre Pranathie, Hyderabad vs. Income Tax Officer, Ward- 4(4), Hyderabad

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

ITA 1004/HYD/2024[2017-18]Status: DisposedITAT Hyderabad09 Dec 2024AY 2017-18

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1004/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Vedre Pranathie Vs. Income Tax Officer Hyderabad Ward-4(4) [Pan : Abzpv3765B] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri A.V.Raghuram, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 09/12/2024 घोर्णध की तधरीख/Date Of 09/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18/06/2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2017-18. 2. At The Outset, We Find That The Registry Has Noticed Delay Of 46 Days In The Appeal Filed By The Assessee. The Learned Counsel For The Assessee Explained That Although The Ld.Cit(A) Passed Order On 18.06.2024, The Appellant Has Received The Impugned Order Of The Ld.Cit(A) On 03.09.2024 & If We

For Appellant: Shri A.V.Raghuram, ARFor Respondent: : Shri Srinath Sadanala, DR
Section 115BSection 139(1)Section 142(1)Section 144Section 69A

therefore, if we consider the date of service of order on 03.09.2024, then there is no delay in filing of appeal before the Tribunal, as noticed by the Registry. Therefore, the arguments of the assessee, in light of affidavit have been accepted and the defect notice issued by the Registry ... towards cash deposited u/s 69A r.w.s.115BBE of the Act. 7. Aggrieved by the order of the Ld.CIT(A), the assessee is now in appeal before the Tribunal. 8. The learned Counsel for the assessee submitted that the Ld.CIT(A) has dismissed the appeal filed by the assessee in limine