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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

Msk Project (India) Jv Ltd. Co.(Merged With Madhav Infra Project Ltd), Vadodara vs. ACIT, Circle-4, Vadodara

The appeal of the assessee is allowed for statistical purposes

ITA 498/AHD/2019[2005-06]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2005-06

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2005-06 Msk Project (India) Jv Ltd. Vs. (Merged With Madhav Infra Acit, Projects Ltd), Circle-4, 4, Madhav House, Near Baroda Panchratna Building, Subhanpura, Vadodara Pan : Aadcm 1157 C अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Shri Parin Shah, Ar Revenue By : Ms. Saumya Pandey Jain, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 17.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 31.01.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals)-Iii, Baroda [Hereinafter Referred To As "Cit(A)" For Short] Dated 09.08.2012 Passed Under Section 250(6) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2005-06. 2. The Grounds Raised By The Assessee Are As Under:- “1. Ld. Cit (A) Erred In Law & On Facts To Hold That No Appeal Lies Against Order Giving Effect To Findings Of Cit In Order Passed U/S 263 Of The Act. 2. Ld. Cit (A) Erred In Law & On Facts Dismissing Appeal Challenging Addition Of Rs.9,90,00,052/- Whereas Supreme Court Awarding Rs. 26.34 Lakhs

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Ms. Saumya Pandey Jain, Sr. DR
Section 143(3)Section 234BSection 250(6)Section 263

filed u/s 155(16) of the Act. She contended that there was no reasonable explanation for waiting for 7 years in filing the appeal before the Tribunal. She also pointed out that even otherwise there is no merit in the assessee’s appeal since the ld. CIT(A) has rightly ... asked to furnish copy of the Tribunal Award. Further, since the assessee had pleaded that the Government of Rajasthan had gone in appeal against the Tribunal Award, the assessee was also asked to furnish the copy of affidavit and application filed in appeal by the Rajasthan Govt. Since the assessee

Kodandaram Nadavati, Nellore vs. Dy. Commissioner of Income Tax, Circle -1, Nellore

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

ITA 637/HYD/2023[2016-17]Status: DisposedITAT Hyderabad31 Jan 2024AY 2016-17

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.637/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2016-17 ) Shri Kodandaram Nadavati Vs. Dy. C. I. T. Nellore Circle 1 Pan:Afupn9767N Nellore (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Mohd.Afzal, Advocate राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Sr.Ar सुनवाई की तारीख/Date Of Hearing: 31/01/2024 घोषणा की तारीख/Pronouncement: 31/01/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.01.2023 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2016-17. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit(A)-Nfac In Confirming The Addition Of Rs.63,48,500/-To The Total Income Of The Assessee By Not Condoning The Delay Of 138 Days In Filing Of The Appeal.

For Appellant: Shri Mohd.Afzal, AdvocateFor Respondent: : Shri Shakeer Ahmed, Sr.AR
Section 142(1)Section 143(3)Section 147Section 148Section 69A

dismissed the appeal by observing as under: 6. Aggrieved with such order of the learned CIT (A) NFAC, the assessee is in appeal before the Tribunal. 7. The learned Counsel for the assessee referring to the order of the learned CIT (A) NFAC submitted that

Syed Zeeshanuddin, Hyderabad vs. ACIT, Circle-2(2), Hyderabad

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

ITA 355/HYD/2022[2015-16]Status: DisposedITAT Hyderabad31 Jan 2024AY 2015-16

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No.355/Hyd/2022 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Syed Zeeshanuddin Vs. Asstt. C. I. T. Hyderabad Central Circle 2(2) Pan:Bqgps0128A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri K. Madhusudan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 29/01/2024 घोषणा की तारीख/Pronouncement: 31/01/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 14/06/2022 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Y.2015-16. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) In Confirming The Validity Of Assessment U/S 153A In Absence Of Any Incriminating Material & Thereby Confirming The Addition Of Rs.12,02,000/- Made By The Assessing Officer As Unexplained Expenditure By Applying The Provisions Of Section 115Bbe Of The I.T. Act.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri K. Madhusudan, CIT(DR)
Section 115BSection 132Section 143(1)Section 143(2)Section 153A

Syed Zeeshanuddin 6. Aggrieved with such order of the learned CIT (A) the assessee is in appeal before the Tribunal. 7. The learned Counsel for the assessee referring to the assessment order submitted that the assessee filed his original return of income on 29.03.2016 which was processed