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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

Vijaya Durga Penumala, Rajahmundry vs. Income Tax Officer, Ward-2(1), Rajahmundry

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

ITA 249/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam31 Jul 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.249/Viz/2024 (िनधा"रण वष" / Assessment Year : 2016-17) Vijaya Durga Penumala, Vs. The Income Tax Officer, 74-8-20, Siri Apartments-2, Ward-2(1), Prakash Nagar, Rajahmundry, Rajahmundry. Andhra Pradesh – 533103. Pan: Cxdpp1606F (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 : 29/07/2024 घोषणा क" तारीख/Date Of : 31/07/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 271(1)(c)Section 50C

outset, it is noticed from the appeal record that there is a delay of 84 days in filing the appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the Ld. AR drew our attention to the affidavit filed by the assessee along with a petition seeking ... prescribed time limit with a delay of 3 84 days. Therefore, we hereby condone the delay of 84 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly stated the facts of the case are that the assessee

Sri Karpagavinayagar Education and Charitable Trust, Palani vs. Income Tax Officer, Madurai

In the result, the appeal filed by the assessee dismissed

ITA 263/CHNY/2024[2016-2017]Status: DisposedITAT Chennai31 Jul 2024AY 2016-2017

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.263/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Sri Karpaga Vinayagar Educational Vs. The Income Tax Officer & Charitable Trust, 1, Thalayuthu, Exemptions Ward, Palani 624 618. Madurai. [Pan: Aagts7098L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Thulasi Ram, Advocate & Shri B.K. Gopilal, Advocate ""थ" की ओर से/Respondent By : Shri R.V. Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 25.07.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2016-17. 2. The Assessee Raised 10 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is Whether The Ld. Cit(A) Is Justified In Confirming The Order Of The Assessing Officer In Denying Exemption

For Appellant: Shri R. Thulasi Ram, Advocate &For Respondent: Shri R.V. Aroon Prasad, Addl. CIT
Section 11Section 13(1)(c)Section 143(2)

appellant. The grounds are dismissed.” 5. As not satisfied with the order of the ld. CIT(A), the assessee is in appeal before the Tribunal for the above mentioned grounds. 6. Heard both the parties and perused the material available on record. We note that the assessee is a trust