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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

Assistant Commissioner of Income Tax, Circle-5(1), Hyderabad vs. Pennar Industries Limited, Hyderabad

In the result, appeal filed by the assessee is partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

ITA 78/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.48/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Pennar Industries Ltd Vs. Dy. C. I. T. Hyderabad Circle 5(1) Pan:Aabcp3074H Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.78/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Asstt. Cit Vs. Pennar Industries Ltd Circle 5(1) Hyderabad Hyderabad Pan:Aabcp3074H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Mohd. Afzal राज" व "ारा/Revenue By:: Shri Waseem Ur Rehman, Dr सुनवाई की तारीख/Date Of Hearing: 26/02/2024 घोषणा की तारीख/Pronouncement: 28/02/2024 Order Per Bench:

For Appellant: Advocate Mohd. AfzalFor Respondent: : Shri Waseem Ur Rehman, DR
Section 139(5)Section 143(2)Section 143(3)Section 37(1)Section 40

Aggrieved with such order of the learned CIT (A) NFAC giving part relief, the assessee as well as the Revenue are in appeal before the Tribunal by raising the following grounds: Page 2 of 12 ITA Nos 48 and 78 of 2024 Pennar Industries Ltd A) Grounds raised ... NFAC upheld the action of the Assessing Officer. 8. Aggrieved with such order of the learned CIT (A) NFAC, the assessee is in appeal before the Tribunal. 9. We have heard the rival arguments made by both sides and perused the record. We find due to non-submission

Pennar Industries Limited, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeal filed by the assessee is partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

ITA 48/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.48/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Pennar Industries Ltd Vs. Dy. C. I. T. Hyderabad Circle 5(1) Pan:Aabcp3074H Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.78/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Asstt. Cit Vs. Pennar Industries Ltd Circle 5(1) Hyderabad Hyderabad Pan:Aabcp3074H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Mohd. Afzal राज" व "ारा/Revenue By:: Shri Waseem Ur Rehman, Dr सुनवाई की तारीख/Date Of Hearing: 26/02/2024 घोषणा की तारीख/Pronouncement: 28/02/2024 Order Per Bench:

For Appellant: Advocate Mohd. AfzalFor Respondent: : Shri Waseem Ur Rehman, DR
Section 139(5)Section 143(2)Section 143(3)Section 37(1)Section 40

Aggrieved with such order of the learned CIT (A) NFAC giving part relief, the assessee as well as the Revenue are in appeal before the Tribunal by raising the following grounds: Page 2 of 12 ITA Nos 48 and 78 of 2024 Pennar Industries Ltd A) Grounds raised ... NFAC upheld the action of the Assessing Officer. 8. Aggrieved with such order of the learned CIT (A) NFAC, the assessee is in appeal before the Tribunal. 9. We have heard the rival arguments made by both sides and perused the record. We find due to non-submission

Malleswara Rao Alamuri (Late), Rep by Wife and L/R Alamuri Lakshmi, Vijayawada vs. Income Tax Officer, Ward-1(1), Vijayawada

In the result, appeal of the assessee is dismissed

ITA 123/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam28 Feb 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No. 123/Viz/2023 ("नधा"रण वष" / Assessment Year : 2017-18) (Late) Malleswara Rao Alumuri, Vs. Income Tax Officer, Rep. By Wife & L/R Alamuri Ward-1(1), Lakshmi, Vijayawada. D.No. 10-14/2-32, Akulavari Street, Mallikharjunapet, One Town, Vijayawada, Andhra Pradesh – 520001. Pan: Aldpa 7438 G (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Assessee By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 263

outset, it is observed from the record that there is a delay of 337 days in filing the appeal before the Tribunal. With respect to belated filing of the appeal, the assessee filed a petition for condonation of delay along with the affidavit and the relevant contents of affidavit ... Chartered Accountant is also enclosed which is self explanatory. ……” 13 3. On perusal of the explanation given by the assessee for filing the appeal before the Tribunal beyond the prescribed time limit, we find that the assessee was prevented by a reasonable and sufficient cause to file the appeal within