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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

Mithilesh Prasad, Muzaffarpur vs. ITO, Ward- 3 (3), Samastipur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 427/PAT/2025[2017-18]Status: DisposedITAT Patna12 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.427/Pat/2025 Assessment Year: 2017-18 Mithilesh Prasad…………….………………. …………………....Appellant S/O Ram Bhakta Baitha, Damodarpur, Muzaffarpur, Bihar-842001. [Pan: Ankpp5641D] Vs. Ito, Ward-3(3), Samastipur…....……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2026 Date Of Pronouncing The Order : January 12, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 01.08.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Dealer Of M/S Indian Oil Corporation Limited (Ioc) & Derives Income From The Sale Of Lpg Cylinders. For The Assessment Year 2017–18, The Assessee Filed His Return Of Income Declaring A Total Income Of ₹6,04,460. During The Course Of Assessment Proceedings, The Assessing Officer Made Various

Section 115BSection 250Section 69A

justify the decline in net profit ratio as compared to the immediately preceding assessment year. 4. The assessee has now preferred an appeal before the Tribunal. However, despite issuance of notices, none appeared on behalf of the assessee at the time of hearing. Therefore, in the interest of justice

Plutus Infrastructure Ltd, Patna vs. ITO, Ward-2(2), Patna

In the result the appeal of the assessee is allowed for statistical purposes

ITA 30/PAT/2025[2015-16]Status: DisposedITAT Patna12 Jan 2026AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.30/Pat/2025 Assessment Year: 2015-16 Plutus Infrastructure Ltd.………………. …………………....Appellant 310, N P Centre, New Dak Bunglow Road, Patna- 800001.. [Pan: Aadcp2152Q] Vs. Ito, Ward-2(2), Patna……..…..……………..………………….…..... Respondent Appearances By: Shri D. V. Pathy, Sr. Adv. Appeared On Behalf Of The Appellant. None Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 07, 2026 Date Of Pronouncing The Order : January 12, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 29.02.2024 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Is A Company Engaged In The Business Of Real Estate Development & Construction. For The Assessment Year 2015–16, The Assessee Filed Its Return Of Income Declaring A Total Income Of ₹83,028. During The Course Of Assessment Proceedings, The Assessing Officer Estimated The Net Profit At The Rate Of 8% On Undisclosed Sales & Accordingly Made An Addition Of ₹17,71,120. In Addition Thereto, An Addition Of ₹5,60,000 Was Made

Section 250Section 43C

dismissed for non- prosecution, as the assessee failed to appear or effectively represent its case. 4. The assessee has now preferred an appeal before the Tribunal with a delay of 303 days. The assessee filed an application for condonation of delay, explaining the reasons for such delay. After considering

Govinda Kumar Sarkar, Naihati vs. I.T.O., Ward - 3(2), Purulia

In the result, appeal filed by the assessee stands dismissed

ITA 2047/KOL/2025[2015-2016]Status: DisposedITAT Kolkata12 Jan 2026AY 2015-2016

Bench: Shri George Mathanआयकर अपील सं/Ita No.2047/Kol/2025 (नििाारण वर्ा / Assessment Year :2015-2016) Govinda Kumar Sarkar, Vs Ito Ward-3(2), Purulia 37, Sc Pal Road, Naihati Bannerjee Para, 24 Parganas North, West Bengal-743165 Pan No. :Aivps 2875 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : S.K.Kamalauddin, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikari, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 12/01/2026 घोषणा की तारीख/Date Of Pronouncement : 12/01/2026 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 08.07.2025 Passed By The Ld.Addl/Jcit(A)-7, Delhi For The Assessment Year 2015-2016. 2. It Was Submitted By The Ld.Ar That The Assessee Is In Appeal Before The Tribunal As The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee On Account Of Delay In Filing The Appeal Before The Ld. Cit(A) Of 3126 Days. It Was Submitted By The Ld.Ar That The Assessee Is A Retired Employee & He Was Not Having Online Access & He Has Not Been Advised Properly By His Consultant. It Was The Prayer That The Delay Before The Ld.Cit(A) May Kindly Be Condoned & The Appeal Of The Assessee May Kindly Be Disposed Off On Merits. 3. In Reply, Ld.Sr. Dr Vehemently Supported The Orders Of The Ld. Ao & Ld. Cit(A).

For Appellant: S.K.Kamalauddin, ARFor Respondent: Shri Abhijit Adhikari, Sr. DR

ld.Addl/JCIT(A)-7, Delhi for the assessment year 2015-2016. 2. It was submitted by the ld.AR that the assessee is in appeal before the Tribunal as the ld. CIT(A) has dismissed the appeal of the assessee on account of delay in filing the appeal before

Vijay Kumar, Samastipur vs. ITO, Ward 3 (3), Samastipur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 79/PAT/2025[2017-18]Status: DisposedITAT Patna09 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.79/Pat/2025 Assessment Year: 2017-18 Vijay Kumar………..………….………………. …………………....Appellant Kishanpur Warish Nagar, Samastipur, Bihar-848101. [Pan: Aqcpk3836C] Vs. Ito, Ward-3(3), Samastipur…....……………..………………….…..... Respondent Appearances By: Shri G. P. Tulsiyan, Fca, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 29.01.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Filed His Return Of Income For The Assessment Year 2017–18 Declaring A Total Income Of ₹3,51,040. Subsequently, The Case Of The Assessee Was Selected For Scrutiny Assessment & Notice Under Section 143(2) Of The Income-Tax Act, 1961 Was Duly Issued. During The Course Of Assessment Proceedings, The Assessing Officer Noticed Cash Deposits Of ₹20,00,000 In The Assessee’S Bank Account. The Assessing Officer Provided Several

Section 143(2)Section 143(3)Section 250Section 69A

also contended that the assessee’s request for hearing through video conference was not considered. 4. The assessee is now in appeal before the Tribunal, contending that the order passed by the CIT(A) is bad in law, as the submissions made by the assessee were not considered

Vaishal Patliputra Dugdh Utpadak Sahkari Sangh Limited, Patna vs. Assessment Unit, Patna

In the result, the ITA Nos

ITA 434/PAT/2025[2020-2021]Status: DisposedITAT Patna09 Jan 2026AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.429To 434/Pat/2025 Assessment Year: 2018-19 & 2020-21 Vaishal Patliputra Dugdh Utpadak Sahkari Sangh Ltd……………………………...………………. …………………....Appellant Feeder Balancing Dairy, Phulwarishariff, Patna, Bihar – 801505. [Pan: Aaaav8463B] Vs. Assessment Unit, Delhi.…..…..……………..………………….…..... Respondent Appearances By: Shri Nishan Maitin, Fca Appeared On Behalf Of The Appellant. Md. A H Chowdhury, Cit-Dr Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 06, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Captioned Appeals Filed By The Assessee Is Directed Against The Orders Dated 07.04.2025 Passed By The Cit(A)-Patna U/S 250 Of The Income Tax Act, 1961 (The ‘Act’). Since All The Above Appeals Have Been Filed By The Same Assessee, Involve Common Facts & Arise Out Of Related Assessment & Penalty Proceedings, They Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. There Are Delays In Filing Of The Appeals, As Under:

Section 143(3)Section 250Section 270ASection 271ASection 80P

confirmed the assessment. I.T.A. Nos.429to 434/Pat/2025 Vaishal Patliputra Dugdh Utpadak Sahkari Sangh Ltd 6. Aggrieved, the assessee is in appeal before the Tribunal. At the time of the hearing the Ld. AR submitted that the assessee did not get a proper opportunity to present its case before