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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

Kesava Smaraka Samithi, Guntur vs. Income Tax Officer (Exemptions), Guntur

In the result, appeal of the assessee is dismissed as withdrawn in I

ITA 134/VIZ/2023[NA]Status: DisposedITAT Visakhapatnam27 Sept 2023

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.132/Viz/2023 (ननधधारण वर्ा / Assessment Year :-Na-) Ponnur Educational Development Vs. Income Tax Officer Society (Exemptions) 1, G.B.C., Ponnur, Guntur Guntur [Pan : Aacap4604J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.134/Viz/2023 (ननधधारण वर्ा / Assessment Year :-Na-) Kesava Smaraka Samithi Income Tax Officer 2Nd Floor, Rajkamal Complex (Exemptions) Main Road, Lakshmipuram Guntur Guntur [Pan : Aaatk2222J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Dr.Satyasai Rath, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.09.2023 घोर्णध की तधरीख/Date Of Pronouncement : 27.09.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessees Against The Orders Of Commissioner Of Income Tax (Exemption) [Cit(E)], Hyderabad Dated 09.02.2023 & 24.02.2023. Since The Grounds Filed By The Assessees Are 2

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Dr.Satyasai Rath, CIT(DR)
Section 10ASection 12ASection 12A(1)(ac)

filed by the assessee was rejected by the Ld.CIT(E). 3. Aggrieved by the order of the Ld.CIT(E), the assessee preferred an appeal before the Tribunal by raising the following grounds of appeal : 3 I.T.A. No.132/Viz/2023 & 134/Viz/2023 Ponnur Educational Development Society & Kesava Smaraka Samithi, Guntur 1 The order ... assessee in Form No.10AB for regsitration u/s 12AB of the Act was issued and served on the assessee. Hence, the assessee filed appeal before the Tribunal. However, by the time the assessee’s appeal came up for hearing before the Tribunal, registration was granted and the order granting registration

Ponnur Educational Development Society, Guntur vs. Income Tax Officer (Exemptions), Guntur

In the result, appeal of the assessee is dismissed as withdrawn in I

ITA 132/VIZ/2023[NA]Status: DisposedITAT Visakhapatnam27 Sept 2023

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.132/Viz/2023 (ननधधारण वर्ा / Assessment Year :-Na-) Ponnur Educational Development Vs. Income Tax Officer Society (Exemptions) 1, G.B.C., Ponnur, Guntur Guntur [Pan : Aacap4604J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.134/Viz/2023 (ननधधारण वर्ा / Assessment Year :-Na-) Kesava Smaraka Samithi Income Tax Officer 2Nd Floor, Rajkamal Complex (Exemptions) Main Road, Lakshmipuram Guntur Guntur [Pan : Aaatk2222J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Dr.Satyasai Rath, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.09.2023 घोर्णध की तधरीख/Date Of Pronouncement : 27.09.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessees Against The Orders Of Commissioner Of Income Tax (Exemption) [Cit(E)], Hyderabad Dated 09.02.2023 & 24.02.2023. Since The Grounds Filed By The Assessees Are 2

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Dr.Satyasai Rath, CIT(DR)
Section 10ASection 12ASection 12A(1)(ac)

filed by the assessee was rejected by the Ld.CIT(E). 3. Aggrieved by the order of the Ld.CIT(E), the assessee preferred an appeal before the Tribunal by raising the following grounds of appeal : 3 I.T.A. No.132/Viz/2023 & 134/Viz/2023 Ponnur Educational Development Society & Kesava Smaraka Samithi, Guntur 1 The order ... assessee in Form No.10AB for regsitration u/s 12AB of the Act was issued and served on the assessee. Hence, the assessee filed appeal before the Tribunal. However, by the time the assessee’s appeal came up for hearing before the Tribunal, registration was granted and the order granting registration