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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

Arihant Vastunirman Private Limited, Ratnagiri vs. Assistant Commissioner of Income Tax, Circle 1, Kolhapur

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

ITA 448/PUN/2024[2017-18]Status: DisposedITAT Pune23 Oct 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.448/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Arihant Vastunirman Private Vs. Acit, Circle-1, Kolhapur. Limited, Office No.1, Siddhivinayak Community Hall, Shivaji Nagar, Siddhivinayak Nagar, Ratnagiri- 415612. Pan : Aakca4408K Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 14.08.2024 Date Of Pronouncement 23.10.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.02.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Confirming The Addition By The A.O. Of Rs.34,14,922/- Representing Notional Rental Income In Respect Of Unsold Flats Forming Part Of Closing Inventory Of The Appellant.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 23(4)Section 23(5)

assessee ld. CIT(A)/NFAC dismissed the appeal vide order dated 16.02.2024. It is this order against which the assessee is in appeal before this Tribunal. 5. Ld. AR submitted before us that the order passed by ld. CIT(A)/NFAC is not correct. It was submitted ... Tribunal in M/s Cosmopolis Construction vs. ITO (ITA Nos.230 & 231/PUN/2018) dated 12-9-2018. Aggrieved thereby, the Revenue has come up in appeal before the Tribunal. 31. Having heard the rival contentions and perused the material on record, it is found as an admitted position that the vacant property

Angadala Ramakrishna, Veleru vs. Income Tax Officer, Ward-1, Gudivada

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

ITA 242/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam23 Oct 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.242/Viz/2024 (िनधा"रण वष" / Assessment Year: 2017-18) Ramakrishna Angadala, Vs. Income Tax Officer, 7-121/B, Veeravalli, Bapulapadu, Ward-1, Krishna District-521110, Gudivada. Andhra Pradesh. Pan: Brwpa7639F (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 08/10/2024 घोषणा क" तारीख/Date Of : 23/10/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 144

outset, it is observed from the record available before me that there is a delay of 207 days in filing the appeal before the Tribunal. With respect to belated filing of the appeal, the assessee filed a petition for condonation of delay along with the affidavit and the relevant paras ... condone the delay and admit the appeal.” 3. On perusal of the explanation given by the assessee with respect to filing of the appeal before the Tribunal beyond the prescribed time limit, I find that the assessee being an illiterate and having no knowledge about the proceedings under the Income

Rambabu Angadala, Gudivada vs. Income Tax Officer, Ward-1, Gudivada

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

ITA 241/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam23 Oct 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.241/Viz/2024 (िनधा"रण वष" / Assessment Year: 2017-18) Rambabu Angadala, Vs. Income Tax Officer, 7-12/C, Veleru, Veeravalli Ward-1, Bapulapadu, Krishna-521110, Gudivada. Andhra Pradesh-521110. Pan: Brwpa7640C (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 08/10/2024 घोषणा क" तारीख/Date Of : 23/10/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133(6)Section 142(1)(i)Section 144Section 69A

outset, it is observed from the record available before me that there is a delay of 475 days in filing the appeal before the Tribunal. With respect to belated filing of the appeal, the assessee filed a petition for condonation of delay along with the affidavit and the relevant paras ... condone the delay and admit the appeal.” 3. On perusal of the explanation given by the assessee with respect to filing of the appeal before the Tribunal beyond the prescribed time limit, I find that the assessee being an illiterate and having no knowledge about the proceedings under the Income

Sri Jagadguru Shivanand Human Welfare Association, Gadag vs. Income Tax Officer, (Exemptions), Ward-1, Hubbali

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

ITA 1732/BANG/2024[2022-23]Status: DisposedITAT Bangalore23 Oct 2024AY 2022-23

Bench: Ms. Padmavathy S. & Shri Prakash Chand Yadavsri Jagadguru Shivanand Ito (Exemption), Ward-1 Human Welfre Association C.R. Building, Navanagar Vs. Gadag 582103, Karnataka Hubli 580025 Pan – Aagas0911F (Appellant) (Respondent) Assessee By: Shri Kashinath Kalamath, Advocate Revenue By: Ms. Neha Sahay, Ld. Jcit-Dr Date Of Hearing: 21.10.2024 Date Of Pronouncement: 23.10.2024 O R D E R Per: Padmavathy S., A.M. This Appeal By The Assessee Is Against The Order Of The Commissioner Of Income Tax (Appeals), Prayagraj [Cit(A)] Dated 20.08.2024 For Assessment Year (Ay) 2022-23. 2. The Assessee Is A Charitable Trust & Obtained Registration U/S. 12 Of The Income Tax Act, 1961 (The Act). The Assessee Filed Return Of Income For Ay 2022-23 On 06.11.2022 Declaring Nil Income. The Return Was Processed U/S. 143(1) Of The Act By The Cpc In Which The Entire Gross Receipts Of Rs. 50,67,850/- Claimed By The Assessee As Exempt U/S. 11 Of The Act Was Disallowed. The Reason For The Denial Of Benefit U/S. 11 Was That The Assessee Did Not File Form 10B Within The Time Limit Prescribed. On Further Appeal The Ld. Cit(A) Upheld The Disallowance Stating That The Cit(A) Does Not Have The 2 Sri Jagadguru Shivanand Human Welfre Association Power To Condone The Delay In Filing From 10B. The Assessee Is In Appeal Before The Tribunal Against The Order Of The Cit(A).

For Appellant: Shri Kashinath Kalamath, AdvocateFor Respondent: Ms. Neha Sahay, Ld. JCIT-DR
Section 11Section 12Section 143(1)

have the 2 Sri Jagadguru Shivanand Human Welfre Association power to condone the delay in filing From 10B. The assessee is in appeal before the Tribunal against the order of the CIT(A). 3. We have heard the rival contentions and perused the material on record. The benefit of exemption