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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

Aga Pubications Limited, Hyderabad vs. DCIT, Circle-1(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 518/HYD/2024[2013-14]Status: DisposedITAT Hyderabad29 Oct 2024AY 2013-14

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.518/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2013-14) Aga Publications Ltd Vs. Dy. Cit Hyderabad Circle 1(1) Pan:Aabca8511G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Karthik Manickam,Dr सुनवाई की तारीख/Date Of Hearing: 29/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 03/04/2024 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2013-14. 2. The Brief Facts Of The Case Are That The Assessee Company Is Engaged In The Business Of Publication Of Newspapers, Filed Its Return Of Income For The A.Y 2013-14 On 22/07/2014 Declaring An Income Of Rs.35,35,790/-Under Normal Provisions Of The Act & Book Profits Of Rs.(-) 1,46,21,872/-. During The Page 1 Of 7

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Karthik Manickam,DR
Section 194CSection 40

dismissed the appeal filed by the assessee and upheld the additions made by the Assessing Officer. 4. Being aggrieved, the assessee is in appeal before the Tribunal. Page 2 of 7 ITA No 518 of 2024 AGA Publications Ltd 5. The learned Counsel for the assessee submitted that this issue

Subhash Kumar Kedia, Hyderabad vs. Asst. Commissioner of Income Tax Central Circle-3(1), Hyderabad

In the result, appeal filed by the assessee in ITA

ITA 707/HYD/2020[2015-16]Status: DisposedITAT Hyderabad29 Oct 2024AY 2015-16

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Vamshi Krishna, DR
Section 143(3)Section 153ASection 68

shares u/s 68 of the I.T. Act, 1961. 9. Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal. 10. The learned Counsel for the assessee submitted that the learned CIT (A) is erred in sustaining the addition made towards the consideration received

Bikash Kumar Kedia, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad

In the result, appeal filed by the assessee in ITA

ITA 405/HYD/2020[2015-16]Status: DisposedITAT Hyderabad29 Oct 2024AY 2015-16

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Vamshi Krishna, DR
Section 143(3)Section 153ASection 68

shares u/s 68 of the I.T. Act, 1961. 9. Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal. 10. The learned Counsel for the assessee submitted that the learned CIT (A) is erred in sustaining the addition made towards the consideration received

M/S Gymkhana Club, Panchkula vs. ITO, W-3, Panchkula

In the result, the appeal of the assessee is allowed

ITA 1305/CHANDI/2018[2009-10]Status: DisposedITAT Chandigarh28 Oct 2024AY 2009-10

Bench: Shri A.D.Jain, Vice Prersident & Shri Vikram Singh Yadavआयकर अपील सं./Ita No 1305/Chd/2018 िनधा"रण वष" / Assessment Year : 2009-10 M/S Gymkhana Club, Vs The Ito, Sector 6, Ward-3, Panchkula. Panchkula. "थायी लेखा सं./Pan No: Aaaag0115B अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee By: Shri S.K.Mukhi, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 07.10.2024 उदघोषणा क" तारीख/Date Of Pronouncement : 28/10/2024 Physical Hearing आदेश/Order Per Vikram Singh Yadav,A.M.

For Appellant: Shri S.K.Mukhi, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT, Sr.DR
Section 234B

ppeal of the assessee Club vide common order dt. 30/11/2015 which was received on 29/01/2016 A.Y. 2009-2010 3 setting aside all the appeals before the Tribunal on the issue of charging of interest on FDRs which was then taken up by the Tribunal and disposed of vide common order ... years. Consequently, the income of the assessee was held to be exempt from tax. 4. Against the said order, the Revenue came in appeal before the Tribunal. The Tribunal vide its order dated 15.03.2013 in ITA No.1312/CHD/2012 following the orders of the Tribunal in earlier years, upheld the order

Mohhamad Wajahat Ali Khan, Hyderabad vs. Income Tax Officer (Int Taxn)-1, Hyderabad

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 848/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Oct 2024AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No. 848/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Mohd. Wajahat Ali Vs. Income Tax Officer Khan (International Taxation)-1 Hyderabad Hyderabad Pan:Eampk7060N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 28/10/2024 घोषणा की तारीख/Pronouncement: 28/10/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Srinath Sadanala, DR
Section 142(1)Section 144Section 147Section 148Section 271(1)(b)Section 272ASection 272A(1)(d)Section 69A

assessee has preferred an appeal before the learned CIT (A). Before the learned CIT (A), the assessee submitted that he had filed appeal before the Tribunal against the final assessment order passed by the Assessing Officer challenging the addition made towards purported cash payments made for purchase of a property ... dismissed the appeal filed for both the A.Ys. 5. Being aggrieved with such order of the learned CIT (A), the assessee is in appeal before the Tribunal. 6. The learned Counsel for the assessee submitted that the assessee being a non-resident is not required to file his return

Jaya Prakaash Jumaani, Hyderabad vs. ACIT., Circle- 6(1), Hyderabad

ITA 1011/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Oct 2024AY 2017-18

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No. 1011/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Smt.Jaya Prakash Jumaani Vs. Asstt. C. I. T. Hyderabad Circle 6(1) Pan:Abapj3645B Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Assessee (H/O Jaya Prakash Jumaani) राज" व "ारा/Revenue By:: Shri B. Sashi Kant, Dr सुनवाई की तारीख/Date Of Hearing: 28/10/2024 घोषणा की तारीख/Pronouncement: 28/10/2024 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 09/08/2024 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2017-18. 2. The Brief Facts Of The Case Are That The Assessee, An Individual Filed His Return Of Income For The A.Y 2017-18 On 30/07/2017 Declaring Loss Of Rs.22,91,346/- U/S 54 Of The I.T. Act, 1961. The Case Was Selected For Scrutiny & During The Course Of Assessement Proceedings, The Assessing Officer Noticed That The Assessee Claimed Deduction Of Rs.1,53,76,654/- U/S 54 Of The I.T. Act, 1961. The Assessee Has Filed Details Of Amount Invested For Purchase Of New Asset. The Assessing Officer After

For Appellant: Assessee (H/O Jaya PrakashFor Respondent: : Shri B. Sashi Kant, DR
Section 115BSection 54Section 69C

deleted the balance amount of Rs.86,000/-. 4. Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal. 5. The learned Counsel for the assessee submitted that the learned CIT (A) is erred in sustaining the disallowances of Rs.5,89,652/- made