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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

Asst. Commissioner of Income Tax, Vijayawada vs. Fysolate Technologies, Vijayawada

In the result, appeal of the Revenue is dismissed

ITA 182/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam15 Jul 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.182/Viz/2023 (िनधा"रण वष" / Assessment Year : 2017-18) Assistant Commissioner Of Vs. Fysolate Technologies, Income Tax, Vijayawada. Vijawayada. Pan: Aacff5633L (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Assessee By : Sri Mithilesh Sannareddy ""याथ" क" ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr सुनवाई क" तारीख / Date Of Hearing : 16/04/2024 घोषणा क" तारीख/Date Of : 15/07/2024 Pronouncement O R D E R

For Appellant: Sri Mithilesh SannareddyFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 10ASection 143(2)Section 143(3)Section 92C

outset, it is noticed from the appeal record that there is a delay of 43 days in filing the appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the Ld. DR drew our attention to the affidavit filed by the Revenue along with a petition seeking ... beyond the prescribed time limit with a delay of 43 days. Therefore, we hereby condone the delay of 43 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 Income Tax Officer, Ward-3, Gandhinagar vs. Shri Ramesh Gobarji Thakor, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 59/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad11 Jul 2024AY 2010-11

Bench: Smt.Annapurna Gupta & Ms. Suchitra Raghunath Kambleassessment Year : 2010-11 Income-Tax Officer Vs. Shri Ramesh Gobarji Thakor Ward-3 Sector 11 Gandhinagar. Gandhinagar. Pan : Aespt 3446 H (Applicant) (Responent) Assessee By : Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ars. Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 16/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/07/2024 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri S.N. Soparkar, Sr.Advocate and Shri Parin Shah, ARsFor Respondent: Shri Kamlesh Makwana, CIT-DR
Section 147Section 250Section 68

inconsistent statement as pointed out by the Commissioner of Income Tax (Appeals) and such circumstances, we find both the Commissioner of income lax (Appeals) and the Tribunal were justified seeing aside deletion as the Assessing Officer, without taking step for verification of the Income Tax Return of the creditors, look ... before the Commissioner of Income Tax (Appeals) which was allowed by the Appellate Authority as per order dated 27.5.2017. The Revenue thereafter preferred appeal before the Tribunal against the order of the Appellate Authority. The Tribunal dismissed the Appeal. 3.1 Before the Assessing Officer, the case of the assessee

Manchaiah Shivalingaiah, Bengaluru vs. Income Tax Officer Ward 1(2)(5), Bengaluru

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 944/BANG/2024[2017-18]Status: DisposedITAT Bangalore11 Jul 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeymanchaiah Shivalingaiah The Income Tax Officer No. 365/Ss, 1St Main, 2Nd Cross Ward - 1(2)(5) 3Rd Phase, Manjunath Nagar Vs. Bmtc Building, 80 Ft. Road Rajajinagar, Bengaluru 560010 Koramangala Pan – Bosps6014P Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Likith Patel, M.K., Advocate Revenue By: Shri Ganesh R. Gahle, Standing Counsel Date Of Hearing: 19.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Vide Din & Order No. Itba/Nfac/S/250/2023-24/1062552904(1) Dated 13.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. On The Fact & Circumstances Of The Case, The Learned Cit(A) Erred In Upholding The Order Of The Assessing Officer, In The Manner In Which He Did. 2. On The Facts & Circumstances Of The Case, The Learned Cit(A) Erred In Providing Sufficient Opportunity To The Appellant To Put Forth The Submissions Of The Appellant.

For Appellant: Shri Likith Patel, M.K., AdvocateFor Respondent: Shri Ganesh R. Gahle, Standing Counsel
Section 143(2)Section 144Section 250Section 69

accordingly the appeal filed by the assessee was dismissed for non- prosecution by the assessee. Aggrieved, the assessee is in appeal before the Tribunal. 5. At the time of hearing both the parties fairly conceded that the assessment order as well as the order

Shri. Naagesh Kanaiyalal Thakkar, Dharawad vs. Income Tax Officer, Ward-2(1), Hubli

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

ITA 550/BANG/2024[2015-16]Status: DisposedITAT Bangalore11 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Shri Keshav Dubeynagesh Kanaiyalal Thakkar The Income Tax Officer Lovely Sweets, Baradan Saal Ward - 2(1), Hubli Hubli Sarafkatta S.O. Vs. Hubli 580020 Pan – Aaupt7785P (Appellant) (Respondent) Assessee By: Shri Vinay K. Kulkarni, Ca Revenue By: Shri Guru Kumar S. Addl Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1060678544(1) Dated 08.02.2024 Passed By The National Faceless Appeal Centre, Delhi / Cit(A) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income Tax (Appeals) Confirmed The Additions Made Under Section 56(2)(Vii) Which Is Against The Facts. 2. The Addition Confirmed Is Against The Provisions Of The Income Tax Act 3. The Beneficial Provision Is Read In A Too Rigid Way So As To Deny The Benefit Conferred By The Income Tax Act.

For Appellant: Shri Vinay K. Kulkarni, CAFor Respondent: Shri Guru Kumar S. Addl CIT-DR
Section 147Section 148Section 250Section 56(2)(Vii)Section 56(2)(vii)

merit in assessee's contention. Accordingly ground no. 2 is dismissed. 8. In the result, the appeal is dismissed.” Aggrieved, assessee filed appeal before the Tribunal. 5. The assessee has filed a paper book comprising 20 pages enclosing therein copies of the followings: - 1. Written submission before Hon'ble ITAT