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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

M/S. Swathi Traders, Tirupur vs. ACIT, Circle-2, Tirupur

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

ITA 738/CHNY/2020[2014-15]Status: DisposedITAT Chennai31 Oct 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 738/Chny/2020 िनधा"रण वष"/Assessment Year: 2014 - 15 M/S. Swati Traders, The Acit, 6/8, College Road, Vs. Circle -2, 1St First Cross, Tirupur. Tirupur – 641 602. Pan: Abvfs 9743E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Banusekar, Ca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तार"ख/Date Of Hearing : 31.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 31.10.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-2, Coimbatore-3 In Appeal No.Cit(A),Coimbatore-3/10448/2016-17 Dated 28.07.2020. The Assessment Was Framed By The Acit, Circle-2, Tirupur For The Assessment Year 2014-15 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 27.12.2016. 2. The Only Issue In This Appeal Of Assessee Now Argued Before Us Is That The Cit(A) Erred In Upholding The Addition Made By The Ao Being Difference In Valuation Of Closing Stock Of Gold Ornaments At Rs.6,53,24,552/-. For This, Assessee Has Raised Various Grounds Running Into 13 Numbers But All Those Are Argumentative, Exhaustive & Hence, Need Not Be Reproduced.

For Appellant: Shri T. Banusekar, CAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)Section 145Section 145(2)Section 145A

more or less adopted the same rate and reasoning and dismissed the appeal of assessee. Aggrieved, assessee came in appeal before the Tribunal. 4. We have heard rival contentions and gone through facts and circumstances of the case. Before us, the ld.AR for the assessee challenged the very adoption

DCIT Corporate Circle 4(2), Chennai vs. Kamarajar Port Ltd. (Formerly Known As M/S. Ennore Port Ltd.), Chennai

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

ITA 2450/CHNY/2018[2013-14]Status: DisposedITAT Chennai31 Oct 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 2450/Chny/2018 िनधा"रण वष"/Assessment Year: 2013 - 14 The Dcit, Kamarajar Port Ltd., Corporate Circle – 4(2), Vs. (Formerly Known As Ennore Port Chennai – 34. Ltd.,) 4Th Floor, Super Speciality Diabetic Centre (Erstwhile Dlb Building), Rajaji Salai, Chennai -600 001. Pan: Aaace 9013G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri P. Sajit Kumar, Jcit ""यथ" क" ओर से/Respondent By : Shri R. Sudharshan, A.C.A सुनवाई क" तार"ख/Date Of Hearing : 31.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 31.10.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-6, Chennai, In Ita No.30/Cit(A)-6/2016-17 Dated 18.06.2018. The Assessment Was Framed By The Acit, Corporate Circle 2(1), Chennai For The Assessment Year 2012-13 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 21.03.2016. 2. The First Issue In This Appeal Of Revenue Is Against Eh Order Of Cit(A) Deleting The Disallowance Of Expenses Relatable To Exempt Income Made By Ao By Invoking The Provisions Of Section 14A R.W.Rule 8D Of The Income Tax Rules, 1962 (Hereinafter The ‘Rules’). For This, Revenue Has Raised Four Grounds Which Are Exhaustive & Argumentative & Hence, We Will Not Reproduce The Same.

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri R. Sudharshan, A.C.A
Section 143(3)Section 14A

dated 23.03.2016, deleted the disallowance only on the issue of investments made by sister concerns for strategic business reasons. Aggrieved, Revenue came in appeal before the Tribunal. 4. At the time of hearing, the ld.counsel for the assessee Shri R. Sudarsan, A.C.A requested for adjournment for the reason that

Sudharsan Logistics Private Limited, Chennai vs. ACIT, Chennai

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

ITA 809/CHNY/2022[2013-2014]Status: DisposedITAT Chennai28 Oct 2022AY 2013-2014

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.809/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 M/S. Sudharsan Logistics Private Ltd., Vs. The Assistant Commissioner Of New No. 24 & 25, S T Tower, Parrys, Income Tax, Chennai 600 001. Non Corporate Circle 18, Chennai. [Pan:Aaacs8428K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaraghavan, Advocate & Shri Saroj Kumar Parida, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 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 25.07.2022 Relevant To The Assessment Year 2013-14. 2. The Appeal Filed By The Assessee Is Delayed By Three Days In Filing The Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition In The Form Of An Affidavit To Condone The Delay. Since The 2

For Appellant: Shri R. Vijayaraghavan, Advocate &For Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(3)Section 14A

relevant to the assessment year 2013-14. 2. The appeal filed by the assessee is delayed by three days in filing the appeal before the Tribunal. The assessee has filed a condonation petition in the form of an affidavit to condone the delay. Since the 2 I.T.A. No.809/Chny/22 assessee ... dismissed the appeal of the assessee as not maintainable. 4. On being aggrieved, the assessee is in appeal before the Tribunal. By filing reconciliation statement of books of accounts with Form 26AS, the ld. Counsel for the assessee has submitted that the assessee could not appear and furnish the details

M/S Perfect Stone Limited, Chennai vs. ITO NFAC, Delhi

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

ITA 785/CHNY/2022[2016-17]Status: DisposedITAT Chennai28 Oct 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.785/Chny/2022 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Perfect Stone Limited, Vs. The Assistant Commissioner Of New No. 7, Lvr Centre, Seshadri Income Tax, National Faceless Road, Alwarpet, Chennai 600 006. Assessment Centre, New Delhi. [Pan:Aaacp1931G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 27.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 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 30.08.2022 Relevant To The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessment Order For The Assessment Year 2016-17 Was Passed Under Section 143(43) Of The Income Tax Act, 1961 [“Act” In Short] On 23.12.2018. Since The Audit

For Appellant: Shri G. Tarun, Advocate for Shri S. Sridhar, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(43)Section 271BSection 274Section 44A

appeal, the ld. CIT(A) confirmed the penalty levied under section 271B of the Act. 3. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that there was delay of 51 days in filing the tax audit report

Sanakan Purushothaman, Alappuzha vs. ACIT, Central Circle-1[2], Chennai

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

ITA 383/CHNY/2022[2017-18]Status: DisposedITAT Chennai28 Oct 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.383/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Shri Sankaran Purushothaman, Vs. The Assistant Commissioner Of Chingumtharayil, Income Tax, Central Circle 1(2), Thirumalabhagom P.O., Investigation Building, Mahatma Gandhi Cherthala, Alappuzha 688 540, Salai, Nungambakkam, Kerala. Chennai 600 034. [Pan:Adqpp2623R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Suresh Kumar Varma, C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 10.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 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) 18, Chennai Dated 22.03.2022 Relevant To The Assessment Year 2017-18. 2. Facts Are, In Brief, That A Search & Seizure Operation Was Conducted On 19.04.2017 In The Case Of Sree Gokulam Chit & Finance Company Private Limited, Which Is Engaged In The Business Of Chit Fund. During The Course Of Search Operation, Certain Books Of Account Were 2

For Appellant: Shri K. Suresh Kumar Varma, C.AFor Respondent: Shri M. Rajan, CIT
Section 144Section 153ASection 272

r.w.s. 153C of the Act dated 27.12.2019. On appeal, the ld. CIT(A) confirmed the order passed by the Assessing Officer. 3. On appeal before the Tribunal, the ld. Counsel for the assessee has submitted that the assessee is aged about 77 years, residing at Alapuzha, Kerala and not able