← 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

Jabil Circuit India P. Ltd., Mumbai vs. Pr. CIT -3, Mumbai

ITA 349/MUM/2021[2013-14]Status: DisposedITAT Mumbai08 Feb 2024AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.349/Mum/2021 (निर्धारण वर्ष / Assessment Year: 2013-14) Jabil Circuit India Pvt. Ltd. Arena House, 3Rd Floor, Plot No. 103 Road No. 12, Opp Tulip Telecom Marol Midc, Andheri (E), Mumbai-400093. बनाम / Vs. Pcit-03, Mumbai Room No. 612, 6Th Floor, Aayakar Bhavan, Maharishi Karve Road, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp7114K (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) Assessee By: Revenue By: Shri Nitesh Joshi Shri Ankush Kapoor (Cit Dr) सुनवाई की तारीख / Date Of Hearing: 23/01/2024 घोषणा की तारीख /Date Of Pronouncement: 08/02/2024 Per Aby T. Varkey, Jm: आदेश / Order This Is An Appeal Preferred By The Assessee Against The Revision Order Of The Ld. Principal Commissioner Of Income Tax-03, [Hereinafter Referred To As The “Pcit”], Mumbai Dated 18.01.2021 For

For Appellant: Revenue byFor Respondent: Shri Nitesh Joshi
Section 143(3)Section 144C(13)Section 263Section 263(1)

revenue expenses relatable to the Chennai unit see pages 221 and 222 of the Factual PB). Against this, the Assessee had filed an appeal before the Tribunal which came to be disposed of on 19.11.2018. Hence, clause (c) of Explanation 1 below section 263(1) of the Act would ... depreciation relating to the said unit, which is also a disallowance in view of discontinued business, would constitute a subject matter of appeal before the Tribunal acting as a bar on the PCIT in exercising jurisdiction under section 263 of the Act. In this regard, orders/ judgments referred

Vishwas Shukla, Deputy Commissioner of Income Tax, Central Circle-2(3), Ahmedabad vs. Midvalley Healthcare Services Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 656/AHD/2023[2010]Status: DisposedITAT Ahmedabad07 Feb 2024

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2010-11 Midvalley Healthcare Services The Deputy Commissioner Of Pvt. Ltd., Income-Tax, Vs. 51, 5Th Floor, New York Tower, Central Circle-2(3), S.G Road, Thaltej, Ahmedabad Ahmedabad, Gujarat Pan : Aaecm 7777 K अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 31.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 07.02.2024 आदेश/O R D E R Per Annapurna Gupta: The Present Appeal Has Been Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-12, Ahmedabad (Hereinafter Referred To As “Cit(A)”) Dated 12.06.2023 Passed U/S 250(6) Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Assessment Year (Ay) 2010-11. 2. The Only Effective Ground Raised In This Appeal Is Whether The Ld. Cit(A) Is Justified In Deleting The Penalty Of Rs.4,30,72,029/- Levied By The Assessing Officer U/S 271(1)(C) Of The Act, By Not Appreciating That The Department Is Presently In Appeal Before The High Court Of Gujarat Against The Order Passed By Hon’Ble Itat Deleting The Quantum Addition.

For Appellant: NoneFor Respondent: Shri Sudhendu Das, CIT-DR
Section 10BSection 142Section 143(2)Section 143(3)Section 250(6)Section 271(1)(c)

impugned penalty order was cancelled by him vide order dated 12.06.2023. The Revenue, being aggrieved, is now in appeal before the Tribunal. 6. At the time of hearing before us, we observe that, in the quantum appeal, the Tribunal has deleted the quantum addition vide order dated 3 DCIT

Mani Sundaram, Devakottai vs. ITO, Ward-1, Karaikudi

In the result, we are of the considered view that the case on hand does not warrant levy of penalty under Section 271D of the Act

ITA 899/CHNY/2023[2017-18]Status: DisposedITAT Chennai07 Feb 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.899/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 Mani Sundaram, Vs. The Income Tax Officer, No. 52, Thiyagigal Road, Ward-1, Karaikudi. Devakottai, Tamil Nadu 630 302. [Pan:Cwops9124D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2024 घोषणा की तारीख /Date Of Pronouncement : 07.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 21.06.2023 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Proprietor Of M/S. Surabi Pvc Pipes & Filed The Return Of Income For The Assessment Year 2017-18 On 20.01.2018 Declaring Taxable Income Of ₹.3,03,720/-. The Return Of Income Was Processed Under Section 143(1) Of The Income Tax

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 269SSection 271DSection 274

appeal, the ld. CIT(A) confirmed the penalty levied under section 271D of the Act. 3. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. counsel for the assessee has submitted that though the assessee 3 I.T.A. No.899/Chny/23 has initially availed loans from close relatives, which ... assessee before the CIT(A), who dismissed the appeal and confirmed the order passed by the Assessing Officer. The assessee filed an appeal before the Tribunal, which allowed the assessee's appeal and while doing so, the Tribunal followed the decisions (i) of the Tribunal in the case of M.Raju

Cholan Paper and Board Private Limited, Chennai vs. PCIT-1 Chennai, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 679/CHNY/2023[2018-19]Status: DisposedITAT Chennai07 Feb 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.679/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 Cholan Paper & Board Private Vs. The Principal Commissioner Of Limited,No. 1, Bukkathurai, Nh 45, Income Tax, Chennai-1, Bukkuathurai, Kancheepuram District, Chennai. Tamil Nadu 603 308. [Pan:Aaacc1363M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Quadir Hoseyn, Advocate & Dr.L. Natarajan, Ca ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 30.01.2024 घोषणा की तारीख /Date Of Pronouncement : 07.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Chennai-1, Chennai, Dated 28.03.2023 Relevant To The Assessment Year 2018-19 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri N. Quadir Hoseyn, Advocate &For Respondent: Shri Nilay Baran Som, CIT
Section 142(1)Section 143(1)Section 143(3)Section 263Section 40A(7)

pass fresh assessment order by granting opportunity to the assessee of being heard. 4. On being aggrieved, the assessee carried the matter in appeal before the Tribunal. The ld. counsel for the assessee has submitted that against the notice under section 142(1) of the Act, all the questions raised

S.K. V Eductional Trust, Chennai vs. ITO, Exemptions Ward-3, Chennai

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

ITA 1375/CHNY/2023[-]Status: DisposedITAT Chennai07 Feb 2024

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1375/Chny/2023 S.K.V. Educational Trust, Vs. The Income Tax Officer, No. 21A, Nambikkai Arudhra Street, Exemptions Ward-3, T S Krishna Nagar, Mogappair, Chennai. Chennai 600 037. [Pan:Aazts7120G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate & Shri P.M. Kathir, Advocate ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2024 घोषणा की तारीख /Date Of Pronouncement : 07.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Exemptions), Chennai, Dated 24.11.2022. 2. The Appeal Filed By The Assessee Is Delayed By 309 Days In Filing The Appeal, For Which, The Assessee Has Filed Detailed Petition For Condonation Of The Delay In The Form Of An Affidavit. By Referring To The Above Affidavit, The Ld. Counsel For The Assessee Has Submitted That There

For Appellant: Shri G. Baskar, Advocate &For Respondent: Shri Nilay Baran Som, CIT
Section 12ASection 12A(1)(ac)

response from the assessee, the ld. CIT(E) rejected the application filed by the assessee. 4. On being aggrieved, the assessee is in appeal before the Tribunal. By filing copies of various documents including trust deed, the ld. counsel for the assessee has submitted that no notice has been served

Nammalvar Lingusamy, Valsaravakkam vs. CIT [Appeals]-14, Chennai

ITA 532/CHNY/2022[2017-18]Status: DisposedITAT Chennai07 Feb 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.532/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Nammalvar Lingusamy, Vs. The Additional Commissioner Of 9, Janaki Nagar, Solai Krishnan Street, Income Tax, Valasaravakkam, Chennai 600 087. Non Corporate Range 20, Chennai. [Pan:Acbpn0214G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J.K. Reddy, Ca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 30.01.2024 घोषणा की तारीख /Date Of Pronouncement : 07.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 31.03.2022 Relevant To The Assessment Year 2017-18. 2. The Appeal Filed By The Assessee Is Delayed By 24 Days In Filing The Appeal & Filed A Petition For Condonation Of Delay In Support Of An Affidavit To Which; The Ld. Dr Has Not Raised Any Serious Objection. Consequently, Since The Assessee Was Prevented By Sufficient Cause, The 2

For Appellant: Shri J.K. Reddy, CAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 269SSection 271DSection 274

appeal, the ld. CIT(A) confirmed the penalty levied under section 271D of the Act. 4. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the consideration clause of the deed of sale had wrongly entered the transaction