← All Phrases

“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

Bhardwaj Harshvadan Patel, Vadodara vs. The ITO, Ward-1(2)(3) Now Ward-1(2)(1), Vadodara

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

ITA 39/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad01 Jul 2024AY 2011-12

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 39/Ahd/2024 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2011-12) िनधा"रण वष" िनधा"रण वष" Bhardwaj Harshvadan Ito बनाम बनाम/ बनाम बनाम Patel Ward – 1(2)(3), Vs. 201, A Block, Jasper Now Ward – 1(2)(1), Homes, Nr. Sears Towers, Vadodara Vadodara, Gujarat, 390015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Arhpp4034D (Appellant) .. (Respondent) Shri Tej Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Urjit Shah, Sr. Dr 20/06/2024 Date Of Hearing Date Of Pronouncement 01/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 11.08.2023 For The Assessment Year 2011-12. 2. As Per Registry, There Is A Delay Of 91 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining That The Order Of The Ld. Cit(A) Was Received By Him On 18.11.2023 And

For Respondent: Shri Urjit Shah, Sr. DR
Section 144Section 147Section 148Section 69

39/Ahd/2024 [Bhardwaj Harshvadan Patel vs. ITO] A.Y. 2011-12 - 2 – the time limit for filing the appeal before the Tribunal was expiring on 18.01.2024. The appeal filed by the assessee on 09.01.2024 was, therefore, within the limitation period and there was no delay. Further that there was change of Counsel

DCIT (Ltu)-1, Mumbai vs. Aditya Birla Nuvo Ltd, Mumbai

ITA 5935/MUM/2017[2012-13]Status: DisposedITAT Mumbai01 Jul 2024AY 2012-13

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am Ι.Τ.Α. No. 5848/Mum/2017 (Assessment Year: 2012-13) Aditya Birla Nuvo Limited (Since Amalgamated With Grasim Industries Ltd.), Corporate Finance Division, A2, Aditya Birla Centre, A Wing, 2Nd Floor, S.K. Ahire Marg, Worli, Mumbai-400030. Pan: Aaaci1747H Vs. The Acit- Ltu-1, World Trade Centre, 29Th Floor, Centre-1, Cuffe Parade, Mumbai-400005. Appellant) : Respondent) Ι.Τ.Α. No. 5935/Mum/2017 (Assessment Year: 2012-13) The Dcit- Ltu-1, World Trade Centre, 29Th Floor, Centre-1, Cuffe Parade, Mumbai-400005. Aditya Birla Nuvo Limited (Since Amalgamated With Grasim Industries Ltd.), Corporate Finance Division, A2, Aditya Birla Centre, A Wing, 2Nd Floor, S.K. Ahire Marg, Vs. Worli, Mumbai-400030. Pan : Aaaci1747H Respondent) Appellant) Appellant/Assessee By : Shri Ronak Doshi / Riken Shah, Ar Revenue/Respondent By : Shri Ashish Kumar Agrawal, Sr. Dr. Date Of Hearing : 25.06.2024 Date Of Pronouncement : 01.07.2024 Order Per Padmavathy S, Am: These Cross Appeals By The Assessee & The Revenue Are Against The Order Of The Commissioner Of Income Tax (Appeals)-55, Mumbai Dated 27.06.2017 For

For Appellant: Shri Ronak Doshi / Riken ShahFor Respondent: Shri Ashish Kumar Agrawal, Sr
Section 10BSection 115JSection 14ASection 32(1)(iia)Section 37Section 40Section 43BSection 80I

before the Ld. CIT(A). The CIT(A) partly allowed the appeal filed by the assessee. The assessee and the Revenue are in appeal before the Tribunal against the order of the CIT(A). ITA No. 5848/Mum/2017-Assessee's appeal. Disallowance under section 14A of the Act and adding the disallowance

Gujarat Urja Vikas Nigam Ltd., Vadodara vs. Dy.Commissioner of Income Tax, Circle-1(1)(1), Vadodara

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

ITA 343/AHD/2022[1996-97]Status: DisposedITAT Ahmedabad28 Jun 2024AY 1996-97

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 1996-97 Gujarat Urja Vikas Nigam Ltd. The Dy.Cit Sardar Patel Vidyut Bhavan Vs Circle-1(1)(1) Race Course Vadodara – 390 007 Vadodara – 390 007 (Gujarat) Pan: Aaacg 8540 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish J. Shah, Ar & Shri Jimi Patel, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 20/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 28/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Ld.Cit(A)”), Which Was Filed Against The Order Of By The Assessing Officer (Hereinafter Referred To As “Ao”) U/S.143(3) R.W.S 254 Regarding The Unpaid Electricity Duty Under Section 43B Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year (Ay) 1996-97. Gujarat Urja Vikas Nigam Ltd. Vs. Dy.Cit Asst. Year : 1996-97

For Appellant: Shri Manish J. Shah, AR &For Respondent: Shri Sudhendu Das, CIT-DR
Section 143(3)Section 43B

detailed verification of facts, allowed the matter and deleted the additions. 3. The Revenue, aggrieved by the Ld.CIT(A)'s order, preferred an appeal before the Tribunal. The Tribunal’s order passed in ITA No.1930/Ahd/2001 dated 03-03-2008, confirmed the additions, holding that Electricity Duty is covered by section