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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, Circle-4(3)(1), Bengaluru vs. Kirloskar Electronic Company Limited, Bengaluru

In the result, the appeal of the Revenue and CO preferred by the assessee are dismissed

ITA 1127/BANG/2024[2011-12]Status: DisposedITAT Bangalore14 Oct 2024AY 2011-12

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2011-12 Dcit, Vs. M/S. Kirloskar Electric Company Ltd., Circle - 4(3)(1), No.5555, Malleshwaram West, Bangalore. Bangalore – 560 055. Pan : Aabck 2721 Q Appellant Respondent Co No.27/Bang/2024 (In Ita No. 1127/Bang/2024) Assessment Year : 2011-12 M/S. Kirloskar Electric Company Ltd., Vs. Dcit, Bangalore – 560 055. Circle - 4(3)(1), Pan : Aabck 2721 Q Bangalore. Appellant Respondent Assessee By : Shri. Sachin Mehta, Ca Department By : Ms. Neha Sahay, Jcit(Dr)(Itat), Bangalore. Date Of Hearing : 14.10.2024 Date Of Pronouncement : 14.10.2024 O R D E R Per George George K: This Appeal At The Instance Of The Revenue & The Cross Objection (Co) Preferred By The Assessee Are Directed Against Cit(A)’S Order Dated 19.07.2023 Passed Under Section 250 Of The Act. The Relevant Assessment Year Is 2011-12. Co No.27/Bang/2024 (In Ita No. 1127/Bang/2024) Page 2 Of 3

For Appellant: Shri. Sachin Mehta, CAFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bangalore
Section 250

submitted that appeal by the Revenue is below the monetary limit prescribed by the Board Circular No.9/2024 dated 17.09.2024 for filing the appeal before the Tribunal. The assessee had worked out a tax effect with regard to the appeal filed by the Department which is less than Rs.60 ... CBDT Circular No.9/2024 dated 17.09.2024 had prescribed a monetary limit / tax effect exceeding Rs.60,00,000/- or above for filing an appeal before the Tribunal. The said Circular No.9/2024 apply to the pending appeals before the Supreme Court / High Court / Tribunal (Refer para 5 of Circular). Since the case