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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

Deputy Commissioner of Income Tax Non Corp Circle II Madurai, Madurai vs. Virudhunagar District Central Co Op Bank Limited, Virudhunagar

ITA 2699/CHNY/2025[2013-14]Status: DisposedITAT Chennai28 Jan 2026AY 2013-14

Bench: Ms. Padmavathy S & Shri Manu Kumar Giriआयकर अपीलसं/.Ita Nos.: 2699/Chny/2025 &2700/Chny/2025 By Revenue C.O.No.92/Chny/2025 (In Ita No.: 2699/Chny/2025)& C.O.No.93/Chny/2025 (In Ita No.: 2700/Chny/2025) By Assessee निर्धारणवर्ष / Assessment Years: 2013-14 & 2015-16 Dcit, Non Corp Circle Ii, Madurai, V.P. Rathinasamy Nadar Road, Bb Kulam Madurai-625002, Madurai, Tamil Nadu (अपीलार्थी/Assessee) V. Virudhunagar District Central Co-Operative Bank Limited 104/1, Madurai Road, Kamaraj Nagar, S.O. Virudhunagar,Virudhunagar- 626001. Tamil Nadu [Pan:Aaaav 0147 N] (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे//Assessee By Mr. R. Prasanna Venkatesan, F.C.A. प्रत्यर्थीकी ओरसे Respondent/Revenue By Mr. Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing 20.01.2026 घोषणाकीतारीख /Date Of Pronouncement 28.01.2026 :-2-:

Section 14ASection 36(1)(viia)

appeal before the Ld. CIT(A). The Ld. CIT(A) allowed the appeal. Against the relief so granted, the Revenue is in appeal before the Tribunal, while the assessee has filed cross-objections. 3. The issues arising for our consideration are: Whether the deduction u/s. 36(1)(viia ... viia). These grounds are decided against the appellant." 7. Aggrieved by the order of the CIT(A), the assessee has filed present appeals before the Tribunal. The learned AR has filed paper book enclosing therein the memorandum explaining provision of introduction :-13-: ITA 2699 & 2700 Chny

Rajiv Sharma, Nehru Place vs. Income Tax Officer, National Faceless Appeal Centre

In the result, the appeal of the Assessee is partly allowed

ITA 4356/DEL/2025[2023-2024]Status: DisposedITAT Delhi28 Jan 2026AY 2023-2024

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalrajiv Sharma, Income Tax Officer, 307, Vishalbhawa, Nehru Place, Nafc, Delhi. Delhi-110019. Vs. Pan-Boaps6272K (Appellant) (Respondent) Assessee By Shri Bhavesh Kumar, Ca Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 27/11/2025 Date Of Pronouncement 27/11/2025 O R D E R Per Manish Agarwal, Am: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [‘Cit(A)’ In Short], Dated 09.06.2025 Passed U/S 250 Of The Income Tax Act, 1961 Arising Out Of Assessment Order Dated 12.03.2025 Passed U/S 143(3) R.W.S 144B Of The It Act For Assessment Year 2023-24. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 29.09.2025 Declaring Total Income Of Rs.53,62,490/-. The Assessee Is Engaged In The Business Of Sale & Purchase Of Computer Parts, Laptop & All Other Accessories Relating To Software & Hardware. The Case Of The Assessee Was Selected For Scrutiny Under Cass & The Assessment Was Completed By The Ao Wherein The Total Income Of The Assessee Was Computed At Rs.1,09,08,972/- By Making Rajiv Sharma Vs. Ito Disallowance @ 5% Out Of Total Purchase Of Rs.10,42,56,278/- & Further Disallowance @10% Out Of The Expenses Claimed At Rs.15,86,675/- Was Made As The Assesses Failed To Make Compliance Before The Ao & Further Failed To File Any Details.

Section 133(6)Section 143(3)Section 250Section 80C

various expenses, however, allowed the deduction u/s 80C and 80D to the assessee. 4. Aggrieved by the said order, the assessee is in appeal before the Tribunal by taking the following grounds of appeal: “The AO add income of Rs. 5371481 without considering the documentary evidence of purchase invoices

DCIT, Circle - 19(1), Delhi vs. Ramayna Ispat Pvt. Ltd., Delhi

In the result, the appeal of the assessee and Revenue are dismissed

ITA 4147/DEL/2024[2018-19]Status: DisposedITAT Delhi28 Jan 2026AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalramayna Ispat Private Limited, Dcit, A-48, 1St Floor, Wazirpur Circle-19(1), Industrial Area, Delhi-110052. Vs. New Delhi. Pan-Aaccr7382R (Appellant) (Respondent) Dcit, Ramayna Ispat Private Limited, A-48, 1St Floor, Wazirpur Circle-19(1), New Delhi. Vs. Industrial Area, Delhi-110052. Pan-Aaccr7382R (Appellant) (Respondent) Assessee By Shri Maneesh Upneja, Ca, Shri Baldev Raj, Ca & Ms. Sanju Kumari, Adv. Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 27/11/2025 Date Of Pronouncement 27/11/2025 O R D E R Per Manish Agarwal, Am: These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Ld. Cit(A)] Dated 11.07.2024 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) For Assessment Year 2018-19. Ramayna Ispat Pvt. Ltd. Vs. Ito 2. Brief Facts Of The Case Are That The Assessee Is A Private Ltd. Company Engaged In The Business Of Manufacturing, Processing, Forging, Casting Mixing Of Various Kinds Of Steel, Carbon Settle, Mild Steel, Stainless Steel, High Speed Steel & Bright Steel Etc. The Return Of Income Was Revised On 28.10.2018 At An Income Of Rs.1,00,96,587/-. The Case Of The Assessee Was Reopened U/S 148 For The Reason That Assessee Has Taken Accommodation Entries Of Bogus Purchases & After Considering The Submissions Made, Ao Had Made The Addition Of Rs.5,78,99,593/- U/S 69C Of The Act Towards Unexplained Expenditure On Account Of Bogus Purchase & Further Invoked The Provisions Of Section 115Bbe Of The Act. The Ao Further Made An Addition Of Rs.3,14,795/- By Estimating The Net Profit Declared By The Assessee. Besides This Further Disallowance Of Rs.9,37,608/- Was Made Out Of Freight Expenses And, Accordingly, The Total Income Of The Assessee Was Assessed At Rs.6,87,83,788/-.

Section 115BSection 147Section 148Section 250Section 690Section 69C

such alleged bogus purchases and reduced the addition to Rs.23,15,984/-. 4. Against the said order, both the parties are in appeal before the Tribunal by taking the following grounds of appeal: Grounds of appeal (by Assessee) in ITA No.4138/Del/2024 “1. On the facts and in law, the order