← All Phrases

“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

Thotla Swami, Mothkur vs. Income Tax Officer, Ward-1, Suryapet

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

ITA 459/HYD/2023[2016-17]Status: HeardITAT Hyderabad15 Feb 2024AY 2016-17

Bench: Hon'Ble Justice (Retd.) C.V. Bhadang & Shri R.K. Panda, Vice-आ.अपी.सं /Ita No.459/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Thotla Swami Vs. Income Tax Officer Mothikur Ward-1, Suryapet Pan:Fheps1516R Nalgonda (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri R. Kumaran, Dr सुनवाई की तारीख/Date Of Hearing: 15/02/2024 घोषणा की तारीख/Pronouncement: 15/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.09.2022 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2016-17. 2. There Is A Delay Of 300 Days In Filing Of This Appeal By The Assessee For Which The Assessee Has Filed A Condonation Petition Along With An Affidavit Explaining The Reasons For Such Delay. The Learned Counsel For The Assessee Referring To The Same Submitted That The Learned Cit (A) Nfac Has Passed The Order On 28.09.2022 But The Advocate Who Was Engaged To Appear Before The Learned Cit (A) Nfac, Did Not Inform The Page 1 Of 7

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri R. Kumaran, DR
Section 144Section 148

order sustained the addition made by the Assessing Officer. 8. Aggrieved with such order of the learned CIT (A) the assessee is in appeal before the Tribunal. 9. The learned Counsel for the assessee submitted that the seller had sold the property in question to many other persons even before

Srinivas Cheedara, Hyderabad vs. ITO., Ward-9(4), Hyderabad

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

ITA 669/HYD/2023[2017-18]Status: HeardITAT Hyderabad14 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.669/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Srinivas Cheedara Vs. Income Tax Officer Hyderabad Ward 9(4) Pan:Aeapc3856J Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Mohd. Afzal, Advocate राज" व "ारा/Revenue By:: Shri S. Mookambikeyan, Dr सुनवाई की तारीख/Date Of Hearing: 13/02/2024 घोषणा की तारीख/Pronouncement: 14/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Ex-Parte Order Dated 25.10.2023 Of The Learned Cit (A)- Nfac Delhi Hyderabad, Relating To A.Y.2017-18. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Ex-Parte Order Of The Learned Cit (A) Nfac In Confirming The Addition Of Rs.53,41,600/- Made By The Assessing Officer U/S 69A R.W.S.115Bbe Of The I.T. Act Being The Cash Deposits In The Bank Account As Unexplained Money.

For Appellant: Shri Mohd. Afzal, AdvocateFor Respondent: : Shri S. Mookambikeyan, DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 69A

Aggrieved with such order of the learned CIT (A) NFAC confirming the addition made by the Assessing Officer, the assessee is in appeal before the Tribunal. 6. The learned Counsel for the assessee submitted that the assessee is quite old and is suffering from various ailments for which all these

Income Tax Officer, Ward-8(1), Hyderabad vs. Dhobba Madhavi, Hyderabad

In the result the appeal filed by the Revenue and the C

ITA 614/HYD/2023[2017-18]Status: HeardITAT Hyderabad14 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.614/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Income Tax Officer Vs. Smt. Dhobba Madhavi, Ward 8(1) Hyderabad Hyderabad Pan:Cqspm2066A C.O No.1/Hyd/2024 (Arising Out Of Ita No.614/Hyd/2023 (A.Y 2017-18) (Appellant) (Respondent) Smt. Dhobba Madhavi, Vs. Income Tax Officer Hyderabad Ward 8(1) Pan:Cqspm2066A Hyderabad (Appellant) (Respondent) राज" व "ारा /Revenue By: Shri Shakeer Ahmed, Dr िनधा""रती "ारा /Assessee By:: Shri P. Prasad, Ca सुनवाई की तारीख/Date Of Hearing: 13/02/2024 घोषणा की तारीख/Pronouncement: 14/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Revenue Is Directed Against The Order Dated 28.11.2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2017-18. The Assessee Has Also Filed The Cross Objection Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: : Shri P. Prasad, CAFor Respondent: Shri Shakeer Ahmed, DR
Section 133(6)Section 142(1)Section 144Section 69A

learned CIT (A) NFAC reads as under: 4. Aggrieved with such order of the learned CIT (A) the Revenue is in appeal before the Tribunal by raising various grounds. The assessee in her cross objection has challenged the estimation of profit @8% of the total credits in the Bank Account