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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

Deputy Commissioner of Inome Tax, Central Circle-2(1), Hyderabad vs. Nama Seetaiah, Hyderabad

In the result, appeals filed by the assessee for the A

ITA 454/HYD/2021[2011-12]Status: DisposedITAT Hyderabad03 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

assessee and sustained the addition made towards undisclosed income. 5. Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal. 6. The learned Counsel for the assessee submitted that the learned CIT (A) erred in not appreciating the fact that the seized material ... Nama Seetaiah 17. Aggrieved by the order of the learned CIT (A), the assessee as well as the Revenue are in appeal before the Tribunal. 18. The first issue that came up for our consideration from Ground Nos 7 to 11 of the assessee’s appeal and Ground No.2

Nama Seetaiah, Hyderabad vs. Deputy Commissioner of Income Tax, Central Circle-3(2), Hyderabad

In the result, appeals filed by the assessee for the A

ITA 393/HYD/2021[2011-12]Status: DisposedITAT Hyderabad03 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

assessee and sustained the addition made towards undisclosed income. 5. Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal. 6. The learned Counsel for the assessee submitted that the learned CIT (A) erred in not appreciating the fact that the seized material ... Nama Seetaiah 17. Aggrieved by the order of the learned CIT (A), the assessee as well as the Revenue are in appeal before the Tribunal. 18. The first issue that came up for our consideration from Ground Nos 7 to 11 of the assessee’s appeal and Ground No.2

Nama Seetaiah, Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-3, Hyderabad

In the result, appeals filed by the assessee for the A

ITA 1523/HYD/2019[2010-11]Status: DisposedITAT Hyderabad03 Jun 2024AY 2010-11

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

assessee and sustained the addition made towards undisclosed income. 5. Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal. 6. The learned Counsel for the assessee submitted that the learned CIT (A) erred in not appreciating the fact that the seized material ... Nama Seetaiah 17. Aggrieved by the order of the learned CIT (A), the assessee as well as the Revenue are in appeal before the Tribunal. 18. The first issue that came up for our consideration from Ground Nos 7 to 11 of the assessee’s appeal and Ground No.2

Veerabhadra Rao Molleti, Visakhapatnam vs. Income Tax Officer, Ward 2(5), Visakhapatnam

In the result, appeal of the assessee is dismissed

ITA 161/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam31 May 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble(Through Hybrid Hearing) आयकर अपील सं./ I.T.A. No.161/Viz/2024 (निर्धारण वर्ा / Assessment Year : 2017-18) Veerabhadra Rao Molleti, Vs. Income Tax Officer, Visakhapatnam. Ward-2(5), Pan: Aghpm 1625 Q Visakhapatnam. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri Ramprasad Tnssjms, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 20/05/2024 घोर्णध की तधरीख/Date Of : 31/05/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri Ramprasad TNSSJMS, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 143(2)Section 143(3)Section 271ASection 69A

outset, it is noticed from the record that there is a delay of 90 days in filing the appeal before the Tribunal. Before the Tribunal, the assessee filed a petition along with affidavit seeking condonation of delay. The assessee has explained the reasons for delay in his condonation petition ... appeal is beyond the control of the assessee and therefore taking a lenient view the delay of 90 days in filing the appeal before the Tribunal may be condoned and the appeal may be admitted for adjudication on merits. 3 4. On perusal of the affidavit filed by the assessee