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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

Transpek Industry Limited, Vadodara vs. Deputy Commissioner of Ncome Tax, Circle-2(1)(1), Vadodara

In the result, the appeal of the Assessee is allowed for statistical purposes

ITA 1080/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad30 May 2024AY 2020-21

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2020-21 Transpek Industry Limited Deputy Commissioner Of 4Th Floor, Lilleria 1038, Vs Income Tax Gotri Sevasi Road, Circle-2(1)(1), Vadodara-390021 Vadodara Gujarat Pan: Aaact8639B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vimal Desai, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 28/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 30/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Is Directed Against The Order Dated 26-10-2023 Passed By The Commissioner Of Income Tax (Appeals)-[National Faceless Appeal Centre (Nfac)] [Hereinafter Referred As “Cit(A)”], Which Upheld The Order Under Section 154 Of The Income Tax Act, 1961 (The Act) Passed By The Cpc, Bengaluru.

For Appellant: Shri Vimal Desai, ARFor Respondent: Shri Sudhendu Das, CIT-DR
Section 143(1)Section 154

assessment year in the challan to claim the credit. 5. Aggrieved by the order of the CIT(A), the Assessee is now in appeal before the Tribunal. On the grounds of appeal: 6. The learned Authorized Representative (AR) for the Assessee submitted that the CPC made the addition without

Vijay Kantilal Vora, Vadodara vs. DCIT, Circle-4(2)(1), Vadodara

ITA 1821/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad30 May 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2011-12 Vijay Kantilal Vora The Dcit 201, Shrushti Flats, Vs Circle-4(2)(1), Opp. Geb Sub Station, Vadodara Gotri Road, Vadodara-390021 Pan: Aakpv3542 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Talati, Ca Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 27/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 30/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)- 4 Vadodara (Hereinafter Referred As “Ld. Cit(A)” Dated 30.1.2018, Relating To The Assessment Order Passed By The Assessing Officer (Hereinafter Referred As “Ao”) Under Section 144 R.W.S. 147 Of The Income Tax Act, 1961(Hereinafter Referred As “The Act” For The Assessment Year2011-12. 2. Assessee Has Taken Following Grounds Of Appeal: Vijay Kantilal Vora Vs. Dcit Asst. Year : 2011-12

For Appellant: Shri Sunil Talati, CAFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 10(38)Section 143(3)Section 144Section 147Section 148Section 68

upheld the addition made by the AO. 7 Aggrieved by the order of the CIT(A), the assessee has preferred this appeal before the Tribunal. 7.1. There was a delay of 102 days in filing an appeal before us. The assessee filed a condonation petition along with an affidavit stating

Sri Gouri Jarathi, Warangal vs. Income Tax Officer, Ward 3, Warangal

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

ITA 473/HYD/2024[2017-18]Status: DisposedITAT Hyderabad30 May 2024AY 2017-18

Bench: Shri Laliet Kumarआ.अपी.सं /Ita No.473/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Smt. Gouri Jarathi Vs. Income Tax Officer Warangal Ward 3 Pan:Bcypj5294C Warangal (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A.V. Raghuram, Advocate राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 30/05/2024 घोषणा की तारीख/Pronouncement: 30/05/2024 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2024 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2017-18. 2. The Sole Ground Raised By The Assessee Is On The Appellate Order Passed By The Learned Cit (A) Nfac, In Sustaining The Addition Of Rs.38,00,500/- As Unexplained Money U/S 69A Of The Act Without Giving An Opportunity Of Being Heard.

For Appellant: Shri A.V. Raghuram, AdvocateFor Respondent: : Shri Shakeer Ahmed, DR
Section 115BSection 133(6)Section 143(2)Section 271ASection 69A

evidence dismissed the appeal filed by the assessee. 6. Aggrieved with such order of the learned CIT (A) NFAC, the assessee is in appeal before the Tribunal. 7. The learned Counsel for the assessee submitted that although full details were given before the Assessing Officer as well as the learned