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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

Prahladbhai Dahyabhai Patel L/H. of Late Dahyabhai Ishwarbhai Patel, Mehsana vs. The ITO, Ward-1, Patan

The appeal of the assessee is allowed

ITA 352/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad23 Aug 2024AY 2017-18

Bench: Smt.Annapurna Guptaआयकर अपील सं / Ita No. 352/Ahd/2024 िनधा"रण वष"/Assessment Year: 2017-18 बनाम बनाम बनाम बनाम Prahladbhai Dahyabhai Patel, L/H Of Late Shri Dahyabhai The Income Tax Officer, Vs. Ishwarbhai Patel, Ward-1, At Pirojpura, Post Sardarpura, Patan Taluko Vijapur, Mehsana Pan : Atjpp 7158 E अपीलाथ"/ (Appellant) "त्यथ"/ (Respondent) िनधा" रती की ओर से / Assessee By : Shri Parin Shah, Ar "#थ% की ओर से / Revenue By: Shri Atul Pandey, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 29/07/2024 घोषणा क" तारीख /Date Of Pronouncement: 23/08/2024 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Parin Shah, ARFor Respondent: Shri Atul Pandey, Sr DR
Section 115BSection 234ASection 250Section 271ASection 69A

outset, it is noted that there is a delay of 59 days on the part of the assessee in filing the appeal before the Tribunal. In this regard, the assessee has filed an affidavit dated 29.07.2024 seeking condonation of the said delay on the following grounds:- “I. Prahladbhai Dahyabhai Patel ... satisfied that there was a sufficient cause for the delay of 59 days on the part of the assessee in filing the appeal before the Tribunal and even learned DR has not raised any material objection in this regard. We, therefore, condone the said delay and proceed to dispose

Subba Rao Angirekula, Vijayawada vs. Income Tax Officer, Ward-2(3), Vijayawada

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

ITA 244/VIZ/2024[2012-13]Status: DisposedITAT Visakhapatnam23 Aug 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.244/Viz/2024 (िनधा"रण वष" / Assessment Year : 2012-13) Subba Rao Angirekula, Vs. Income Tax Officer, Vijayawada. Ward-2(3), Pan: Autpa2480M Vijayawada. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. Sandhya Samudrala, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 08/08/2024 घोषणा क" तारीख/Date Of : 23/08/2024 Pronouncement O R D E R

For Appellant: Ms. Sandhya Samudrala, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 148Section 50C

outset, it is noticed that there is a delay of 03 days in filing this appeal before the Tribunal. With respect to belated filing of the appeal, the assessee filed petition for condonation of delay along with the affidavit and the relevant paras of the affidavit is extracted herein below ... appropriate orders granting relief as prayed for.” 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 was prevented by a reasonable and sufficient cause to file the appeal within