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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

Sureshbhai Sukhabhai Mistry, Na vs. Arivs.ITO, Ward 5, Navasari

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

ITA 263/SRT/2022[2011-12]Status: DisposedITAT Surat31 Mar 2023AY 2011-12

Bench: Shri Pawan Singhआ.अ.सं./Ita No.263/Srt/2022 (Ay 2011-12) (Hearing In Virtual Court) Sureshbhai Sukhabhai Mistry Income Tax Officer, 130, Kumbhar Faliya, Via Ward-5, Navsari Vs Satem, Tal: Navsari, Dist. Navsari-396466 Pan No: Ammpm 4411 H अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sujesh C Suratwala, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 30.01.2023 उ"घोषणा क" तार"ख/Date Of 31.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 05.05.2022 For Assessment Year 2011-12, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 13.09.2017. The Assessee Has Raised The Following Grounds Of Appeal:- Suresshbhai S Mistry “1. The Learned Ao As Well As Learned Nfac/Cit(A) Has Erred In Making Addition To The Total Income Of The Assessee Which Is Primarily Agriculture Inn Nature & In Fact Exempted To Tax

Section 133(6)Section 144Section 147Section 148Section 254(1)

that cash deposit are only Rs.5,90,760/- and to restrict the addition to that extent only. Further, aggrieved the assessee filed present appeal before the Tribunal. 6. On perusal of record shows that impugned order passed by NFAC/Ld. CIT(A) on 05.05.2022, however, the present appeal filed ... filing of assessees appeal is not condone. The Ld. AR for the assessee submits that there is no deliberate delay in filing the appeal before the Tribunal and same may be condoned and appeal of assessee was heard on merit. 7. On the other hand, Ld. Senior Departmental-Representative (Ld.Sr

Pilli Raja Raghavendra, Visakhapatnam vs. The Assistant Commissioner of Income Tax, . Central Circle-2, Visakhapatnam

In the result, appeal of the assessee is dismissed for the A

ITA 96/VIZ/2019[2010-11]Status: DisposedITAT Visakhapatnam30 Mar 2023AY 2010-11

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.96/Viz/2019 & 97/Viz/2019 (ननधधारण वर्ा / Assessment Year : 2010-11 & 2012-13) Pilli Raja Raghavendra Vs. Asst. Commissioner Of Income Tax D.No.45-57-10/1/1 Central Circle-2 Narasimha Nagar Visakhapatnam Visakhapatnam [Pan : Bpfpp8326B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri M.N.Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.03.2023 घोर्णध की तधरीख/Date Of 29.03.2023 : Pronouncement

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri M.N.Murthy Naik, CIT(DR)
Section 132Section 143(3)Section 153C

before the CIT(A) and the Ld.CIT(A) partly allowed the appeal of the assessee. 4. On being aggrieved, the assessee preferred an appeal before the Tribunal and raised the following grounds : 1. The order of the Learned Commissioner of Income Tax(Appeals)-3, Visakhapatnam is contrary to the facts ... corroborative evidence of a gift of Rs.50,000/- received from the father of the assessee. 12. On being aggrieved, the assessee preferred an appeal before the Tribunal and contended that the deposits of Rs.1,98,000/- were made on various dates out of his earnings and also from agricultural income

Thakordas Parekh & Sons, Na vs. Arivs.Income Tax Officer, Ward-5, Navsari

In the result, ground No. 2 & 3

ITA 167/SRT/2022[2017-18]Status: DisposedITAT Surat30 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.167/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Thakordas Parekh & Sons Income Tax Officer, Ward-5, Bazar Street, Chikhli, Navsari, 204, 2Nd Floor, Vs Navsari-396530 Income Tax Office, Pan No: Aabft 4593 J Charpool, Awabaug, Navsari-396445 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Rasesh Shah, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 05.01.2023 उ"घोषणा क" तार"ख/Date Of 30.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 23.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 R.W.S143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 30.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Thakordas Parekh & Sons Of Assessing Officer In Rejecting The Books Of Accounts U/S 145(3) Of The Act.

Section 115BSection 144Section 145(3)Section 254(1)Section 68

Section 115BBE is applicable from 01.04.2017. Hence, tax rate prescribed under section 115BBE will be applicable. Further aggrieved, the assessee has filed present appeal before the Tribunal. 7. I have heard the submission of Ld. Authorized Representative (Ld.AR) for the assessee and learned Senior Departmental Representative

DCIT, Exemption Circle, Patna vs. Bijendra Memorial Society, Patna

In the result, the appeal is allowed

ITA 3/PAT/2021[2015-16]Status: DisposedITAT Patna29 Mar 2023AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.3/Pat/2021 Assessment Year: 2015-16 Dcit (Exemption), Circle-Patna........……….........…..........….…… Appellant Vs. Bijendra Memorial Society….....….....……........…...…...…..…..... Respondent 404 Shyam Centre, Exhibition Road, Patna-800001. [Pan:Aabtb1511G] Appearances By: Shri Soumitra Choudhury, Adv., Appeared On Behalf Of The Appellant. Smt. Rinku Singh, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 01, 2023 Date Of Pronouncing The Order : March 29, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 28.08.2020 Of The Commissioner Of Income Tax (Appeals)-1, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Has Taken The Following Grounds Of Appeal: “1. The Ld.Cit(A) Has Erred In Law As Well As Facts Of The Case In Deleting The Additions Of Disallowances Towards The Salary/Remuneration Of Rs. 17,40,000/- & Rs.12,60,000/- Paid To Treasurer & Secretary Of The Trust & Rs.3,00,000/- To Shri Kala Choudhary For Hiring Of Bus & Rs.8,40,000/- For Hostel Building Rent To M/S Aadya Bhasker Enterprises Private Limited From The Income Of Trust Which Were Found Excessive & Unreasonable Under Sub-Section (3) Of Section 13 Of The

Section 12ASection 13Section 13(3)Section 143(3)Section 250

even otherwise, the disputed tax amount involved in this appeal was less than the monetary limit prescribed by the Department for filing the appeal before the Tribunal. The ld. DR even could not rebut the aforesaid contention of the ld. AR. In view of this, we do not find

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 7/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Rs.66,31,375/-. Since the appeal filed by the assessee was partly allowed by the Ld.CIT(A), the assessee preferred appeal before the Tribunal and raised the following grounds : 1. The learned CIT(Appeals) has erred in facts and law while passing the order. 2. On the facts and circumstances

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 6/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Rs.66,31,375/-. Since the appeal filed by the assessee was partly allowed by the Ld.CIT(A), the assessee preferred appeal before the Tribunal and raised the following grounds : 1. The learned CIT(Appeals) has erred in facts and law while passing the order. 2. On the facts and circumstances

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 5/VIZ/2023[2014-15]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Rs.66,31,375/-. Since the appeal filed by the assessee was partly allowed by the Ld.CIT(A), the assessee preferred appeal before the Tribunal and raised the following grounds : 1. The learned CIT(Appeals) has erred in facts and law while passing the order. 2. On the facts and circumstances

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 4/VIZ/2023[2013-14]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Rs.66,31,375/-. Since the appeal filed by the assessee was partly allowed by the Ld.CIT(A), the assessee preferred appeal before the Tribunal and raised the following grounds : 1. The learned CIT(Appeals) has erred in facts and law while passing the order. 2. On the facts and circumstances