← All Phrases

“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

M/S. Northern Arc Capital Limited, Chennai vs. ACIT, Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 836/CHNY/2022[2017-2018]Status: DisposedITAT Chennai24 Nov 2022AY 2017-2018

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 836/Chny/2022 िनधा"रण वष"/Assessment Year:2017-18 M/S. Northern Arc Capital Limited, Vs. The Assistant Commissioner Of Phase I, 10Th Floor, Iit M Research Income Tax, Park, Taramani Kanagam Village, Corporate Circle 4(2), Chennai 600 113. Chennai. [Pan:Aacci0979B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S.P. Chidambaram, Advocate ""थ" की ओर से/Respondent By : Shri R. Boopathi, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 24.11.2022 घोषणा की तारीख /Date Of Pronouncement : 24.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi, Dated 08.08.2018 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2017-18 On 30.10.2017 Admitting An Income Of ₹.1,17,99,65,480/-. After Following Due Procedure, The 2

For Appellant: Shri S.P. Chidambaram, AdvocateFor Respondent: Shri R. Boopathi, Addl. CIT
Section 10Section 115TSection 143(3)

appeal, the ld. CIT(A) confirmed the order of the Assessing Officer. 3. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the assessee has received only one notice of hearing from the ld. CIT(A) and therefore, prayed

Malavally Taluk Sri Basaveshwara Credit Co-Operative Society Limited, Mandya vs. Income Tax Officer, Ward-1 & Tps, Mandya

In the result, appeal of the assessee is partly allowed

ITA 1019/BANG/2022[2016-17]Status: DisposedITAT Bangalore24 Nov 2022AY 2016-17

Bench: Shri N. V. Vasudevanassessment Year : 2016-17 M/S. Malavally Taluk Sri Vs. The Ito, Basaveshwara Credit Cooperative Ward – 1 & Tps, Society Ltd., Mandya. Kote Beedi, Malavalli, Mandya – 571 430. Pan : Afepa 6862 R Appellant Respondent Assessee By : Shri. Siddesh Nagaraj Gaddi, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Dated 20.06.2022 By The Nfac, Delhi Relating To Assessment Year 2016-17. 2. The Assessee Is A Credit Co-Operative Society. In The Assessment Of The Assessee For Assessment Year 2016-17, The Assessment Was Completed Under Section 143(3) By An Order Dated 28.12.2018. The Assessee Earned Interest Income Of Rs.3,20,999/- Being Interest Earned On Deposits With The Co-Operative Bank. The Assessee Claimed The Same As Deduction Under Sections 80P(2)(A)(I)/80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). Deduction Under Sections 80P(2)(A)(I)/80P(2)(D) Was Denied By The Ao By Following The Decision Of Hon’Ble Karnataka High Court In The Case Of Pcit Vs. Totagar’S Co-Operative Society (2017) 83 Taxmann 140 (Karnataka) Wherein It Was Held That Interest Earned On Page 2 Of 3

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 143(3)Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)

para 4 of the impugned order of the CIT(A). Aggrieved by the order of the CIT(A), assessee has preferred present appeal before the Tribunal. 6. After hearing the rival submissions, I am of the view that in so far as interest on deposits in Co-operative Banks

M/S Ge T&D India Limited, Chennai vs. DCIT Large Tax Payer Unit 1, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 725/CHNY/2018[2010-11]Status: DisposedITAT Chennai23 Nov 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 725/Chny/2018 िनधा"रण वष"/Assessment Year: 2010 - 11 Ge T&D India Ltd., The Dcit, 19/1, Ioc Building, Gst Road, Vs. Large Tax Payer Unit-1, Pallavaram, Chennai Chennai – 600 043. Pan: Aaacg 2115R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sriram Seshadhri, C.A ""यथ" क" ओर से/Respondent By : Shri S. Marudhu Pandian, Cit सुनवाई क" तार"ख/Date Of Hearing : 17.11.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.11.2022 आदेश /O R D E R

For Appellant: Shri Sriram Seshadhri, C.A ""For Respondent: Shri S. Marudhu Pandian, CIT
Section 143(3)Section 148

raised in regard to reopening of assessment and petition filed for raising additional ground. The ld.counsel explained that the assessee had filed an appeal before the Tribunal on February 27, 2018, which is fixed for hearing on September 17, 2019. In relation to the same, the assessee raised an additional ... High Court of Madras, ground of appeal that the reopening was based audit objection was also dismissed. Aggrieved, assessee came in appeal before the Tribunal. 6. Before us, the ld.AR drew our attention to the letter issued by Principal Director of Audit (Central) vide No.PDA(C)/Legal/25- 02(202)/2019-20/82

Chandre Gowda, Bangalore vs. Income Tax Officer, Ward-6(2)(2), Bangalore

In the result, appeal of the assessee is dismissed as unadmitted

ITA 29/BANG/2022[2014-15]Status: DisposedITAT Bangalore23 Nov 2022AY 2014-15

Bench: Shri N. V. Vasudevanassessment Year : 2014-15 Shri. Chandre Gowda, Vs. Cit (Appeals) - 7, No.655, Unnathi, 2Nd Cross, Hmt Bengaluru. Layout, R. T. Nagar, Bengaluru – 560 032. Pan : Adnpg 8890 J Appellant Respondent Assessee By : Shri. Balram R. Rao, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Cit(A)-7, Bengaluru, Dated 12.10.2017, Relating To Assessment Year 2014- 15. 2. There Is A Delay Of About 1501 Days In Filing The Above Appeal By The Assessee. The Order Of The Cit(A) Was Passed On 12.10.2017. Appeal Before The Tribunal Has To Be Filed Within 60 Days From The Date Of Service Of The Order Of Cit(A). In Form 36, The Assessee Has Given The Date Of Service Of Communication Of The Order As 11.10.2017 Which Is Obviously Not Correct. The Correct Date As Given In The Affidavit Filed By The Assessee For Condonation Of Delay In Filing The Appeal Is 09.12.2017 As The Date Of Service Of The Order Of The Cit(A) On The Assessee. We, Therefore, Proceed Under The Assumption That The Date Of Order Is The Date Of Service Of The Order On The Assessee. The Assessee Ought To Have Filed The Appeal Before The Page 2 Of 4

For Appellant: Shri. Balram R. Rao, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel

delay of about 1501 days in filing the above appeal by the assessee. The order of the CIT(A) was passed on 12.10.2017. Appeal before the Tribunal has to be filed within 60 days from the date of service of the order of CIT(A). In Form 36, the assessee ... appeal and came to know that the appeal has not been filed. Thereafter, the assessee contacted Mr. Mahesh Nayak, CA and filed the appeal before the Tribunal. The assessee claims that there is a delay of 3 years and 9 months in filing the above appeal. It has also been