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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

Atul Kumar Agrawal, Manpur Road, Kashipur vs. National E-Assessment Centre, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 19/DDN/2025[2018-19]Status: DisposedITAT Dehradun16 Jan 2026AY 2018-19

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year: 2018-19] Mr. Atul Kumar Agarwal Vs National Prop.M/S. R.K. Industries, E-Assessment Centre, Manpur Road, Kashipur, New Delhi U.S. Nagar, Uttarakhand- 244713 Pan-Aaopa9970H Appellant Respondent Assessee By Shri Deepak Joshi,Adv. & Shri Rudra Pratab, Adv. Revenue By Shri Amar Pal Singh, Sr.Dr Date Of Hearing 13.11.2025 Date Of Pronouncement 16.01.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 04.12.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2017-18/10235798 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 15.03.2023 Passed U/S 147 R.W.S. 144B Of The Act Pertaining To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That Assessee Filed His Return Of Income On 15.08.2018, Declaring Total Income At Inr 5,81,560/-. The Case Of The Assessee Was Re-Opened U/S 147 Of The Act. Accordingly, Notice U/S 148 Was Issued On 30.03.2022, In Response To Which The Assessee Filed Return Of Income On 03.05.2022, Declaring Same Income As Was Declared In The Return Filed U/S 139(1) Of The Act. Thereafter Notice U/S 143(2) Of The Act Was Issued Followed By Notices U/S 142(1) Alongwith Questionnaires. In Response Filed Replies From Time To Time. After Considering The Submissions Made By The Assessee, Ao Completed The Assessment Vide Order Dated 15.03.2023 Passed U/S 147 R.W.S. 144B Of The Act Wherein The Total Income Was Assessed At Inr 54,23,320/-.

Section 133ASection 139(1)Section 142(1)Section 143(2)Section 147Section 148Section 250Section 69C

vide order dated 04.12.2024, dismissed the appeal of the assessee. 4. Aggrieved by the order of Ld. CIT(A), assessee is in appeal before the Tribunal by taking following grounds of appeal:- 1. “That the appellant is engaged in the business of ‘Rice Milling', i.e. manufacturing of Rice, Rice Bran

Cooperative Cane Deve. Union, Ltd., Haridwar vs. ITO, W- 1(3)(1), Haridwar

In the result, appeal of the assessee is partly allowed

ITA 158/DDN/2024[2019-20]Status: DisposedITAT Dehradun16 Jan 2026AY 2019-20

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year: 2019-20] Co-Operative Cane Development Vs Ito Union Limited, Jawalapur, Ward-1(3)(1) Vill. & P.O. Jawalapur, Distt.- Haridwar Haridwar, Uttarakhand-249407 Uttarakhand Pan-Aaaic0152B Appellant Respondent Assessee By None Revenue By Shri Amar Pal Singh, Jcit Dr Date Of Hearing 13.11.2025 Date Of Pronouncement 16.01.2026 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Dated 26.07.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2018-19/10076885 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Intimation Order Dated 02.12.2020 Passed U/S 143(1) Of The Act Pertaining To Assessment Year 2019-20. 2. At The Time Of Hearing, Assessee Filed The Letter & Stated That The Written Submission Made Be Considered. Therefore, Ld. Sr. Dr Was Heard & Proceeded To Decide The Appeal Filed By The Assessee On The Basis Of Material Available On Record. 3. Brief Facts Of The Case Are That Assessee Is A Co-Operative Society Constituted By The State Government, Engaged In The Business Of Providing Credit Facilities To Its Members Who Are Agriculturists & Cane Growers Also, Marketing Of Agricultural Products & Purchase Of Agricultural Implements & Other Products Like Fertilizers, Insecticides Etc. Assessee Filed Its Return Of Income On 29.08.2019, Declaring Total Income At Nil & Claimed Deduction U/S 80P Of Inr 1,04,54,668/-. Thereafter, The Return Of Income Was Processed U/S 143(1), Assessed Total Income At Inr 1,04,54,668/- Where Deduction U/S 80P Was Not Provided To The Assessee Society.

Section 143(1)Section 143(1)(a)Section 143(3)Section 250Section 80P

vide order dated 26.07.2024, dismissed the appeal of the assessee. 5. Aggrieved by the order of Ld. CIT(A), assessee is in appeal before the Tribunal by taking following grounds of appeal:- i. “The order of the Id. appellate authority is base on wrong facts in as much

Chanchal Kumar, Patna vs. ITO, Ward- 6 (4), Patna

In the result the appeal of the assessee is allowed for statistical purposes

ITA 241/PAT/2025[2016-17]Status: DisposedITAT Patna16 Jan 2026AY 2016-17

Bench: Shri Laxmi Prasad Sahu & Shri Sonjoy Sarmai.T.A. No.241/Pat/2025 Assessment Year: 2016-17 Chanchal Kumar……………………………… …………………....Appellant S/O Sharma Nand Singh, Chak Musallahpur, Chai Tola Gali, Near Cooperative Bank, Mahendru, Patna, Bihar- 800006.. [Pan: Cenpk3190J] Vs. Ito, Ward-6(4), Patna…….…..……………..………………….…..... Respondent Appearances By: Shri Vishal Kr. Adv. Appeared On Behalf Of The Appellant. Shri Manab Advak, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 13, 2026 Date Of Pronouncing The Order : January 16, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 30.07.2023 Passed By The Cit(A)-3, Patna U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Did Not File Its Return Of Income For The Assessment Year Under Consideration & The Case Was Reopened U/S 147. The Assessing Officer Completed Assessment U/S 143 R.W.S. 147 Of The Act By Making Addition Of Rs.81,66,750/- On Account Of Long Term Capital Gain.

Section 143Section 147Section 250

dismissed for non- prosecution, as the assessee failed to appear or effectively represent its case. 4. The assessee has now preferred an appeal before the Tribunal with a delay of 590 days. The assessee filed an application for condonation of delay, explaining the reasons for such delay. After considering