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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

Mange Ram, Gurugram vs. Pr. Commissioner of Income Tax, Faridabad

In the result, appeal of the assessee is allowed

ITA 710/DEL/2024[2017-18]Status: DisposedITAT Delhi15 Jan 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shuklaassessment Year: 2017-18 Sh. Mange Ram, Vs. Pr. Commissioner Of Income H. No. 261, Main Pataudi Tax, Faridabad, Road, Near Hanuman Temple, Village Garoli Khurd, P.O.- Basai, Gurugram, Haryana Pan: Amwpr7462B (Appellant) (Respondent) Assessee By Sh. Suraj Bhan Nian, Adv., Sh. Mahfuzur Rahman, Ca Department By Ms. Amish S. Gupt, Cit(Dr) Date Of Hearing 15.01.2026 Date Of Pronouncement 15.01.2026 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2017-18, Arises Against The Principal Commissioner Of Income Tax [In Short, The “Pcit”], Faridabad’S Order Dated 04.12.2023 Having Din & Order No. Itba/Rev/F/Rev5/2023-24/1058449758(1), Involving Proceedings Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Herd Both The Parties. Case File Perused. 2. It Emerges During The Course Of Hearing That The Sole Substantive Issue Between The Parties Is That Of Correctness Of The Learned Lower Authorities’ Action Assessing The Assessee’S Interest Component Of Land Acquisition Compensation U/S 28 Of The Land Acquisition Act, 1894, While Invoking Section 57(Iv) R.W.S. 56(1)(A) R.W.S. 145A(B) Of The Act. 3. Learned Sr. Dr Representing The Department Vehemently Argued That The Instant Issue Is No More Res Integra In Light Of Mahender Pal Narang Vs. Cbdt (2020) 423 Itr 13 (P&H) As Well As Pcit Vs. Inderjit Singh Sodhi Huf (2024) 161 Taxmann.Com 301 (Del.) Wherein The Department Has Succeeded Before Their Lordships That The Impugned Interest Component Ought To Be Assessed As Income From “Other” Sources Only. 4. We Have Given Our Thoughtful Consideration To The Assessee’S Pleadings & Revenue’S Foregoing Vehement Contention. It Emerges That This Tribunal’S Recent Decision

Section 10(37)Section 142(1)Section 143Section 143(1)(a)Section 143(2)Section 143(3)Section 147Section 263Section 28Section 56(2)(viii)

afresh after making requisite enquiries and proper verification with regard to taxability of interest on enhanced compensation. 5. Aggrieved, the assessee is in appeal before the Tribunal and all the grounds relate thereto. 6. The Ld. AR submitted that the assessment order was neither erroneous nor prejudicial to the interest

Kameshwar Alloys and Steels Pvt. Ltd., Kolkata vs. ACIT, Central Circle-1, Ranchi

In the result, the appeal of the assessee is allowed

ITA 49/RAN/2024[2014-15]Status: DisposedITAT Ranchi14 Jan 2026AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.49/Ran/2024 Assessment Year: 2014-15 Kameshwar Alloys & Steels Pvt. Ltd….…............................……….……Appellant 128/3, Hazra Road, Bhawanipur, Kol-700026.. [Pan: Aadck6558K] Vs. Acit, Cc-1, Ranchi.................……….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Md. Shadab Ahmed, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2025 Date Of Pronouncing The Order : January 14, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-3, Patna (Hereinafter Referred To As “Cit(A)”) Dated 05.02.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Company, Filed Its Return Of Income For The Assessment Year Under Consideration. The Case Was Originally Selected For Scrutiny On The Issue Of Share Capital & Share Premium Received During The Year. The Assessing Officer Completed The Assessment Ex Parte Under Section 144 Of The Income-Tax Act, 1961, On The Ground Of Alleged Non-Compliance & Made An Addition Of ₹2,00,00,000 Being Share Capital & Share Premium Received From Various Companies, Treating The Same As Unexplained Under Section 68 Of The Act. Subsequently, A Search & Seizure Operation Under

Section 131Section 132(1)Section 133(6)Section 133ASection 143(3)Section 144Section 153ASection 250Section 68

Appeals) sustained the addition of ₹2,00,00,000. 4. Dissatisfied with the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal. 5. At the time of the hearing the Ld. AR stated that impugned order passed

DCIT CC1 4 Kolkata, Kolkata vs. Ankit Agarwal, Kolkata

In the result, appeal of the revenue is dismissed

ITA 2581/KOL/2025[2022-23]Status: DisposedITAT Kolkata14 Jan 2026AY 2022-23

Bench: Shri George Mathanआयकर अपील सं/Ita No.2581/Kol/2025 (नििाारण वर्ा / Assessment Year :2022-2023) Dcit Cc-1(4) Kolkata Vs Ankit Agarwal, 49A, Tollygunge Circular Road, New Allipore-700053 Kolkata Pan No. :Aqepa 0158 P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Deep Agarwal, Ar राजस्व की ओर से /Revenue By : Smt. Sima Das Biswas, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 14/01/2026 घोषणा की तारीख/Date Of Pronouncement : 14/01/2026 आदेश / O R D E R This Is An Appeal Filed By The Revenue Against The Order Dated 29.08.2025 Passed By The Ld. Cit(A), Kolkata-20 For The Assessment Year 2022-2023. 2. The Appeal Filed By The Revenue Is Delayed By 08 Days. The Department Has Filed Condonation Petition Along With Affidavit Stating The Sufficient Reasons For Delay In Filing The Appeal Before The Tribunal, Which In My Opinion, Are Reasonable. Accordingly, I Condone The Delay & Appeal Of The Assessee Is Admitted For Hearing. 3. At The Outset, The Ld. Ar Of The Assessee Submitted Vide The Cbdt Circular No. 9/2024 Dated 17.09.2024, The Monetary Limits For Filing Of Appeal By The Department Before Income Tax Appellate Tribunal & High Courts & Slp Before Supreme Court Have Been Increased As A Measure For Reducing Litigation. The Revised Monetary Limits Laid Down In Para-2 Of This Circular Are As Follows:

For Appellant: Shri Deep Agarwal, ARFor Respondent: Smt. Sima Das Biswas, Sr. DR

delayed by 08 days. The department has filed condonation petition along with affidavit stating the sufficient reasons for delay in filing the appeal before the Tribunal, which in my opinion, are reasonable. Accordingly, I condone the delay and appeal of the assessee is admitted for hearing. 3. At the outset

DCIT CC1 4 Kolkata, Kolkata vs. Dinesh Agarwal, Kolkata

In the result, appeal of the revenue is dismissed

ITA 2580/KOL/2025[2022-23]Status: DisposedITAT Kolkata14 Jan 2026AY 2022-23

Bench: Shri George Mathanआयकर अपील सं/Ita No.2580/Kol/2025 (नििाारण वर्ा / Assessment Year :2022-2023) Dcit Cc-1(4) Kolkata Vs Dinesh Agarwal, 49A, Tollygunge Circular Road, New Allipore-700053 Kolkata Pan No. :Adkpa 6950 G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Deep Agarwal, Ar राजस्व की ओर से /Revenue By : Smt. Sima Das Biswas, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 14/01/2026 घोषणा की तारीख/Date Of Pronouncement : 14/01/2026 आदेश / O R D E R This Is An Appeal Filed By The Revenue Against The Order Dated 29.08.2025 Passed By The Ld. Cit(A), Kolkata For The Assessment Year 2022-2023. 2. The Appeal Filed By The Revenue Is Delayed By 08 Days. The Department Has Filed Condonation Petition Along With Affidavit Stating The Sufficient Reasons For Delay In Filing The Appeal Before The Tribunal, Which In My Opinion, Are Reasonable. Accordingly, I Condone The Delay & Appeal Of The Assessee Is Admitted For Hearing. 3. At The Outset, The Ld. Ar Of The Assessee Submitted Vide The Cbdt Circular No. 9/2024 Dated 17.09.2024, The Monetary Limits For Filing Of Appeal By The Department Before Income Tax Appellate Tribunal & High Courts & Slp Before Supreme Court Have Been Increased As A Measure For Reducing Litigation. The Revised Monetary Limits Laid Down In Para-2 Of This Circular Are As Follows:

For Appellant: Shri Deep Agarwal, ARFor Respondent: Smt. Sima Das Biswas, Sr. DR

delayed by 08 days. The department has filed condonation petition along with affidavit stating the sufficient reasons for delay in filing the appeal before the Tribunal, which in my opinion, are reasonable. Accordingly, I condone the delay and appeal of the assessee is admitted for hearing. 3. At the outset