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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

Shri Kunpara Kadva Patidar Samaj Seva Trust, Surendranagar vs. The CIT(Exemption), Ahmedabad

ITA 952/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.952/Ahd/2024 2. Ita No.953/Ahd/2024 Assessment Year : - Shri Kunpara Kadva Patidar The Cit(Exemption) Samaj Seva Trust Vs Ahmedabad R Samaj Seca Trust, Chaman Ramjibhai Patel Navalgadh, Dhrangadhra, Surendranagar – 363 320 (Gujarat) Pan: Aaxts 9852 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee-Trust Are Directed Against Two Separate Orders Of The Ld.Commissioner Of Income Tax (Exemptions), Ahmadabad [Hereinafter Referred As “The Ld.Cit(E)”], Dated 19-02-2024 & 07-03-2024, Wherein The Application For Registration Under Section 12Ab & 80G Of The Income Tax Act, 1961, Were Rejected.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

Grounds of appeal relating to ITA No.952/Ahd/2024: 4. The assessee-trust has explained the delay of 17 days in filing the appeal before the Tribunal. It was submitted that the trust is located at very remote location and the trustees are not very conversant with the e-filing and portal

Shridariyapuri Sthankvasi Jain Sandh, Surendranagar vs. The CIT(Exemption), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 946/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : - Shridariyapuri Sthankvasi Jain The Cit (Exemption) Sandh Vs Ahmedabad Sayla Main Road, Main Bazaar Sayla Surendranagar – 363 436 Pan: Aalts 2673 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Assessee-Trust Is Directed Against The Order Of The Ld.Commissioner Of Income Tax (Exemption), Ahmadabad [Hereinafter Referred To As “The Ld.Cit(E)”], Dated 23-02-2024, Whereby The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Was Rejected By Ex-Parte Order.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 12A(1)(ac)

objects as required under the Act. On the Grounds of appeal: 4. The assessee-trust has explained the delay in filing the appeal before the Tribunal. It was submitted in the Affidavit dated 20-05-2004 on behalf of Assessee Shri Dariyapuri Sthankvasi Jain Sandh, which reads as under

Dashashrimali Radhanpura Jain Gyati, Bhavnagar vs. The CIT (Exemption), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 869/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : - Dashashrimali Radhanpura Jain The Cit (Exemption) Gyati, Vs Ahmedabad Radhanpuri Bazar, Nanbha Street, Bhavnagar – 364 001 (Gujarat) Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Assessee-Trust Is Directed Against The Order Of The Ld.Commissioner Of Income Tax (Exemption), Ahmadabad [Hereinafter Referred To As “The Ld.Cit(E)”], Dated 18-09-2023, Whereby The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Was Rejected.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 12ASection 12A(1)(ac)

objects as required under the Act. On the Grounds of appeal: 4. The assessee-trust has explained the delay in filing the appeal before the Tribunal. It was submitted in the Affidavit dated 23-04-2004 of the Assessee’s Trustee Shri Jitendra Shantilal Sheth, which reads as under