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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

Krishnasamy Maruthupandian, Virudhunagar vs. ITO, Corp Ward 4, Madurai

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

ITA 863/CHNY/2024[2013-14]Status: DisposedITAT Chennai24 Jun 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 863/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Shri Krishnasamy The Income Tax Officer, Maruthupandian, Vs. Corporate Ward-4, D No.2/6/1531 Asari Colony, Madurai. 4Th Street, Satchiyapuram, Sivakasi, Virudhunagar – 626 124. Pan: Agzpm 0804B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Akash, Advocate ""यथ" क" ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1058168632 (1) Dated 23.11.2023. The Assessment Was Framed By The Addl./Joint/Deputy/Asst. Commissioner Of Income Tax/Income Tax Officer, National Faceless Assessment Centre, Delhi For The Assessment Year 2013-14 U/S.147 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 19.03.2022. 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A)-Nfac Confirming The Action Of Ao In Adding The Credits In The Bank Account Amounting To Rs.7,72,83,031/- As Unexplained Money U/S.69A Of The Act By Holding That The Assessee’S Appeal Is Dismissed As Un-Admitted & Infructuous For The Reason That The Assessee Has Not Paid An Amount Equal To The Amount Of Advance Tax In Term Of Section 249(4)(B) Of The Act.

For Appellant: Shri G. Akash, AdvocateFor Respondent: Shri Nilay Baran Som, CIT
Section 147Section 148Section 249(4)(b)Section 69A

present appeal is not liable to be admitted. The appeal is infructuous and is, therefore, dismissed.” Aggrieved, now assessee is in appeal before the Tribunal. 5. We have heard rival contentions and gone through facts and circumstances of the case. We noted that the assessee before CIT(A) contended that