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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

Raj Mani Yadav, Lucknow vs. ITO-3(3), Lucknow

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

ITA 382/LKW/2024[2017-18]Status: DisposedITAT Lucknow30 Aug 2024AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Raj Mani Yadav V. The Income Tax Officer 3(3) D-124, Harihar Nagar Lucknow Indira Nagar, Lucknow Tan/Pan:Bcopr2293D (Appellant) (Respondent) Appellant By: None (Adjournment Application) Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 07 08 2024 Date Of Pronouncement: 30 08 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 31.10.2023, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That The Assessee, A Salaried Person, E-Filed His Return Of Income For Assessment Year 2017-18 On 1.8.2017, Declaring A Total Taxable Income Of Rs.2,87,850/-. Subsequently, The Case Was Selected For Limited Scrutiny Through Cass & The Assessing Officer Completed The Assessment, Assessing The Total Income Of The Assessee At Rs.19,45,850/- By Making Addition Under Section 69A Read With Section 115Bbe Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) At Rs.16,58,000/- On Account Of Unexplained Cash Deposited During Demonetization. 3. Aggrieved, The Assessee Preferred An Appeal Under Section 246A Of The Act Before The Ld. Cit(A), Lucknow-1 On 18.12.2019. Later On, The Appeal Migrated To Nfac, Who Vide Its

For Appellant: None (Adjournment application)For Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 115BSection 246ASection 69A

seen from the record that the present appeal has been filed belated and there is a delay of 159 days in filing this appeal before the Tribunal. The assessee has submitted a petition for condonation of delay along with an Affidavit citing the reason for delay as ‘non-service