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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

Venkatesh, Tirunelveli vs. ITO, Tirunelveli

In the result, the appeal filed by the assessee is allowed for statistical purposes and the stay application filed by the assessee is dismissed

ITA 889/CHNY/2026[2019-2020]Status: DisposedITAT Chennai12 Mar 2026AY 2019-2020

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:889/Chny/2026 िनधा"रण वष"/Assessment Year: 2019-20 & S.A. No. 67/Chny/2026 [In Ita No. 889/Chny/2026] Shri Venkatesh, The Income Tax Officer, No.34-A, Baskaran Street, Vs. Ward 4, Tirunelveli Town S.O., Tirunelveli. Tirunelveli – 627 006. Pan: Akfpv 8799N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri P. Gunasekaran, Ca ""यथ" क" ओर से/Respondent By : Ms. T.Mythili, Jcit सुनवाई क" तारीख/Date Of Hearing : 11.03.2026 घोषणा क" तारीख/Date Of Pronouncement : 12.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 17.12.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2019-20. Ita No.889/Chny/2026 & :- 2 -: Sa No.67/Chny/2026 2. At The Very Outset, We Notice That The First Appellate Authority’S (Faa) Order Is Ex-Parte, Since There Was No Compliance From The Assessee To The Five Notices Issued From The Office Of The First Appellate Authority. Further, We Also Note That The Assessment Has Been Completed On Best Judgment Basis U/S.144 Of The Act.

For Appellant: Shri P. Gunasekaran, CAFor Respondent: Ms. T.Mythili, JCIT
Section 144Section 148ASection 250Section 69

hearing notices and hence, the appeal was decided ex-parte confirming the addition made by the AO. 4. Aggrieved, assessee filed appeal before the Tribunal. Before us, the Ld. AR submitted that the source of investment was out of gifts received from the assessee’s mother and sister, wherein