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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

Anugraha Fashion Mill Private Limited, Tirupur vs. DCIT, CPC, Bangalore

In the result, appeal in I

ITA 865/CHNY/2020[2017-18]Status: DisposedITAT Chennai21 Dec 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.883 & 865/Chny/2020 िनधा"रण वष"/Assessment Years: 2017-18 M/S. Anugraha Fashion Mill Vs. The Deputy Commissioner Of Private Limited, 15, Suriyan Nagar, Income Tax, Abt Rod New Extn., Karuvampalayam, Centralized Processing Centre, Tirupur 641 604. Bangalore 650 500. [Pan:Aahca3311Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Yeshwanth Kumar, Ca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 12.12.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 3, Coimbatore Dated 31.08.2020 & 28.09.2020 Relevant To The Assessment Year 2017-18. I.T.A. No. 883/Chny/2020 2. The Appellate Order Passed By The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 [“Act”] Dated 31.08.2020 Has Not Been Digitally Signed & Thereby There Was A Mistake Apparent On Record. The Above

For Appellant: Shri Yeshwanth Kumar, CAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 154Section 250Section 80I

disallowance amounting to Rs 2,37,08,703 on claim u/s 80IA stands upheld.” 4. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that though the assessee has not submitted Form 10CCB along with return of income

Triway Container Freight Station P Ltd., Chennai vs. ITO Corporate Ward 3(2), Chennai

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 255/CHNY/2019[2014-15]Status: DisposedITAT Chennai21 Dec 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.254 & 255/Chny/2019 िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15 M/S. Triway Container Freight Vs. The Income Tax Officer, Station P. Ltd., No. 14, Jaffer Street, Corporate Ward 3(2), Harbour, Chennai 600 001. Chennai – 34. [Pan:Aabct8013A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.11.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 11, Chennai Dated 06.12.2018 Relevant To The Assessment Years 2013-14 & 14-15. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 28.09.2013 For The Assessment Year 2013-14 Admitting Nil Income After Claiming Deduction Under Section 80Ia(4) Of The Income

For Appellant: Shri N. Arjun Raj, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115JSection 143(3)Section 14ASection 80I

appeal, the ld. CIT(A) confirmed both the disallowances for both assessment years. 4. On being aggrieved, the assessee is in appeal before the Tribunal for both the assessment years. By reiterating the submissions as made before the authorities below, the ld. Counsel for the assessee has submitted that ... assessee. On appeal, the ld. CIT(A) confirmed the disallowance. 6 I.T.A. Nos. 254 & 255/Chny/19 8. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the assessee company had reserve/surplus to the tune of almost 15 crores

Triway Container Freight Station P Ltd., Chennai vs. ITO Corporate Ward 3(2), Chennai

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 254/CHNY/2019[2013-14]Status: DisposedITAT Chennai21 Dec 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.254 & 255/Chny/2019 िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15 M/S. Triway Container Freight Vs. The Income Tax Officer, Station P. Ltd., No. 14, Jaffer Street, Corporate Ward 3(2), Harbour, Chennai 600 001. Chennai – 34. [Pan:Aabct8013A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.11.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 11, Chennai Dated 06.12.2018 Relevant To The Assessment Years 2013-14 & 14-15. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 28.09.2013 For The Assessment Year 2013-14 Admitting Nil Income After Claiming Deduction Under Section 80Ia(4) Of The Income

For Appellant: Shri N. Arjun Raj, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115JSection 143(3)Section 14ASection 80I

appeal, the ld. CIT(A) confirmed both the disallowances for both assessment years. 4. On being aggrieved, the assessee is in appeal before the Tribunal for both the assessment years. By reiterating the submissions as made before the authorities below, the ld. Counsel for the assessee has submitted that ... assessee. On appeal, the ld. CIT(A) confirmed the disallowance. 6 I.T.A. Nos. 254 & 255/Chny/19 8. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the assessee company had reserve/surplus to the tune of almost 15 crores

Shashikala Gupta, Hyderabad vs. ITO Ward-10(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 222/HYD/2022[2017-18]Status: DisposedITAT Hyderabad19 Dec 2022AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Smt. Shashikala Gupta Vs. Income Tax Officer Hyderabad Ward 10(1) Pan:Aaspg1838N Hyderabad (Appellant) (Respondent) Assessee By: Shri Darshan Jakharia, Ca Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 14/12/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.3.2022 Of The Learned Pr.Cit-1, Hyderabad, Relating To A.Y.2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed Her Return Of Income On 26.07.2017 For A.Y 2017-18 Admitting Income From House Property & Other Sources At Rs.3,66,720/-. The Case Was Selected For Scrutiny Under Cass & Issues On Which The Selection Was Made Was “Large Value Cash Deposited During Demonetization Period As Compared To Returned Income”. Notice U/S 143(2) Of The Act Dated 9.8.2018 Was Issued & Served Electronically On The Assessee As Well As Page 1 Of 15

For Appellant: Shri Darshan Jakharia, CAFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 263

order after due verification of the source of cash deposit. 5. Aggrieved with such order of the learned Pr.CIT the assessee is in appeal before the Tribunal by raising the following grounds of appeal: “1.The Learned Pr. CIT-1, Hyderabad (Pr. CIT) erred in facts and law while passing

Deputy Commissioner of Income Tax Central Circle3-(3), Hyderabad vs. Mechineni Projects Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 56/HYD/2021[2015-16]Status: DisposedITAT Hyderabad19 Dec 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year:2015-16 Dy. C.I.T. Vs. Mechineni Projects (P) Central Circle 3(3) Ltd, Hyderabad Hyderabad Pan:Aaecp4421H (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao, Ca Revenue By: Shri Jeevan Lal Lavidiya, Dr Date Of Hearing: 17/11/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Revenue Is Directed Against The Order Dated 21.9.2020 Of The Learned Cit (A)-11, Hyderabad Relating To A.Y.2015-16. 2. Facts Of The Case, In Brief, Are That The Assessee, A Company (Formerly Known As Pbr Projects Pvt. Ltd) Engaged In The Business Of Construction Of Residential & Commercial Buildings, Originally Filed Its Return Of Income For The A.Y 2015-16 On 31.03.2017 Admitting A Total Income Of Rs.1,16,090/-. A Search & Seizure Operation U/S 132 Of The I.T. Act Wase Conducted In M/S. Raghuram & Trishala Group On 21.11.2017 & Warrant In The Case Of M/S. Mechineni Projects (P) Ltd I.E., The Assessee

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri Jeevan Lal Lavidiya, DR
Section 132Section 153A

deleted and the relevant grounds are allowed”. 7. Aggrieved with such order of the learned CIT (A), the Revenue is in appeal before the Tribunal by raising the following grounds of appeal: “1. The learned CIT (A) erred both in law and facts of the case in allowing relief

Raja Gopal Reddy Goli, Hyderabad vs. ITO Ward-11(5), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 139/HYD/2021[2015-16]Status: DisposedITAT Hyderabad19 Dec 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2015-16 Shri Raja Gopal Reddy Goli Vs. Income Tax Officer Hyderabad Ward 11(5) Pan:Bbwpg4389J Hyderabad (Appellant) (Respondent) Assessee By: Advocate Smt. S. Sandhya Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 13/12/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 6.6.2019 Of The Learned Pr.Cit-5 Hyderabad, Relating To A.Y.2015-16. 2. The Grounds Raised By The Assessee Read As Under: 1. The Order Of The Ld. Pr. Cit Is Erroneous Both On Facts & In Law. 2. The Ld. Pr. Cit Erred In Holding That There Is Error In The Order U/S 143(3) Dated 19.12.2017 3. The Ld. Pr. Cit Ought To Have Considered The Facts That The Assessing Officer While Completing The Assessment U/S 143(3) Considered All The Facts & Circumstances & Arrived At The Total Income. 4. The Ld. Pr. Cit Erred In Holding That The Assessment Order Is Erroneous & Is Prejudicial To The Interest Of The Revenue. 5. Any Other Ground That May Be Urged At The Time Of Hearing.“ Page 1 Of 12

For Appellant: Advocate Smt. S. SandhyaFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 143(2)Section 143(3)Section 263

Gopal Reddy Goli 8. Aggrieved with such order of the learned Pr. CIT the assessee is in appeal before the Tribunal. 9. The learned Counsel for the assessee at the outset drew the attention of the Bench to the office note, that was inadvertently supplied to the assessee along with