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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

Praveen Sanjiv, Chennai vs. ITO, Ncw-7(3), Chennai

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

ITA 3834/CHNY/2025[2015-16]Status: DisposedITAT Chennai17 Mar 2026AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3834/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 Praveen Sanjiv, Vs. The Income Tax Officer, No. 45, W Block, 7Th Street, Anna Non Corporate Ward 7(3), Nagar, Chennai 600 040. Chennai. [Pan: Fzzps0216R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 18.02.2026 घोषणा की तारीख /Date Of Pronouncement : 17.03.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.12.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2015-16. 2. Ground No. 1 Raised By The Assessee Is General In Nature & Requires No Adjudication.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. Gouthami Manivasagam, Addl. CIT
Section 144Section 148Section 148ASection 250(6)Section 251(1)(a)Section 56(2)(vii)Section 69

under section 251(1)(a) of the Act. As aggrieved by the said order of the ld. CIT(A), the assessee is in appeal before the Tribunal. 5. The ld. AR Shri D. Anand, Advocate submits that the ld. CIT(A)/NFAC failed to adjudicate merits of the addition under

Mr. Sharafat Sohrab Shaikh, Mumbai vs. ITO Ward 26(3)(2), Mumbai

In the result, appeal of the assessee is allowed for statistical purposes

ITA 8014/MUM/2025[2017-18]Status: DisposedITAT Mumbai17 Mar 2026AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Sharafat Sohrab Shaikh Vs Income Tax Officer, Room No. 1210, Sangam Ward 26(3)(2), Nagar, Chikhalwadi Saltpent Mumbai Road, Antop Hill Wadala East, Mumbai, Maharashtra, 400037 (Pan: Bfbps0696P) Appellant Respondent Present For: Assessee By : Shri Sachin Dere, Advocate Revenue By : Shri Pradipsinh Saktavat, Sr. Dr. Date Of Hearing : 26.02.2026 Date Of Pronouncement : 17.03.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1058553234(1) Dated 07.12.2023 Passed Against The Assessment Order By Ward 26(3)(2), Mumbai, U/S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 23.12.2019 For Ay 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Appellant By Way Of The Aforesaid Appeal Is Challenging The Legality & Validity Of The Impugned Order Dated 7Th December, 2023 Passed By The Hon'Ble Commissioner Of Income Tax (Appeals), Income Tax Department For A.Y.: 2017-2018. 2 Sharafat Sohrab Shaikh Ay 2017-18 2. The Appellant Is Actively Involved In The Operation & Management Of A Grahak Seva Kendra (Customer Service Center), Which Is Provided By M/S. Vakrangee Limited To The Eligible Candidate Who Meets The Prescribed Eligibility Criteria Set Forth By The Company. The Said M/S. Vakrangi Limited Has Issued The Appellant Official Certification To Carry Out & Run The Grahak Seva Kendra & Its Activities As Per The Terms & Conditions Decided By The Said M/S. Vakrangi Limited.

For Appellant: Shri Sachin Dere, AdvocateFor Respondent: Shri Pradipsinh Saktavat, Sr. DR
Section 133(6)Section 144Section 69A

conditions decided by the said M/s. Vakrangi Limited. 3. At the outset, Registry has noted delay of 638 days in filing the present appeal before the Tribunal, for which an affidavit along with petition for condonation of the delay is placed on record. First appellate order is dated

Sahyadri Adivasi Bahuvidh Seva Sangh, Mumbai vs. ITO Exemption, Thane

In the result, appeal of the assessee is allowed for statistical purposes

ITA 2466/MUM/2025[2016-17]Status: DisposedITAT Mumbai17 Mar 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2016-17 Sahyadri Adivasi Bahuvidh Income Tax Officer, Seva Sangh Exemption, Savarkar Road, Opp. S.T Mumbai Johns High School. Vs. Thane (West), Mumbai - 400601 (Pan: Aadts9375D) (Appellant) (Respondent) Present For: Assessee : Shri Suhas P. Bora, Ca Revenue : Shri Bhagirath Ramawat, Sr. Dr Date Of Hearing : 11.03.2026 Date Of Pronouncement : 17.03.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl./Jcit (A)-2, Surat, Vide Order No. Itba/Apl/S/250/2024-25/1072463266(1), Dated 23.01.2025, Passed Against The Assessment Order By Income Tax Officer, Exemption Ward, Thane, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 25.12.2018, For Assessment Year 2016-17. 2. Grounds Taken By Assessee Are Reproduced As Under:

For Appellant: Shri Suhas P. Bora, CAFor Respondent: Shri Bhagirath Ramawat, Sr. DR
Section 11(2)Section 11(5)Section 119(2)(b)Section 139(1)Section 143(3)

under the relevant provisions of the Act. 3. There is a delay of 96 days noted by the Registry in filing the present appeal before the Tribunal, for which petition of condonation of delay along with affidavit is placed on record. 3.1. We have considered the petition for condonation