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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

The Deputy Commissioner of Income Tax, Chennai vs. Shri Mohammed Dawood Sultan Abdul Kadar, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 25/CHNY/2021[2016-17]Status: DisposedITAT Chennai28 Oct 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.25/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. Shri Mohamed Dawood Sultan Abdul Income Tax, Circle 2, Kader, Kolikalpalayam, Thiruvarur, Trichy. Tamil Nadu 610 001. [Pan:Brdps5653L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Hema Bhupal, Jcit ""थ" की ओर से/Respondent By : Shri S. Sankaralingam, Cit (Retd.) सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Trichy, Dated 23.09.2020 Relevant To The Assessment Year 2016-17. The Only Issue Involved In This Appeal Is Relating To The Land Acquisition Compensation Under Compulsory Acquisition By The Government Is Exempt Or Not.

For Appellant: Shri D. Hema Bhupal, JCITFor Respondent: Shri S. Sankaralingam, CIT (Retd.)

long term capital gains. 4. Against the order passed by the ld. CIT(A), the Revenue is in 3 I.T.A. No. 25/Chny/21 appeal before the Tribunal. The ld. DR strongly relied upon the order passed by the Assessing Officer. 5. On the other hand, the ld. Counsel for the assessee

DCIT, Chennai vs. K.Dhandapani and Co. Ltd., Chengalput

In the result, the appeal filed by the Revenue is dismissed and the cross objection filed by the assessee is partly allowed for statistical purposes

ITA 1428/CHNY/2017[2012-13]Status: DisposedITAT Chennai28 Oct 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1428/Chny/2017 "नधा"रण वष" /Assessment Year: 2012-13 The Dcit, K. Dhandapani & Co. Ltd., Corporate Circle-4(2), No.C-20, Tvk Industrial Estate, Chennai – 600 034. Vs. Guindy, Chennai – 600 032. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O No.109/Chny/2017 [In Ita No.1428/Chny/2017] "नधा"रण वष" /Assessment Year: 2012-13 K. Dhandapani & Co. Ltd., The Dcit, No.C-20, Tvk Industrial Estate, Corporate Circle-4(2), Guindy, Chennai – 600 032. Vs. Chennai – 600 034. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) राज"व क" ओर से /Revenue By : Shri M. Rajan, Cit "नधा"रती क" ओर से/Assessee By : Shri S. Sridhar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 05.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 28.10.2022

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 2(14)Section 2(47)Section 45

made by the Assessing-Officer in this regard is deleted. The appellant succeeds on this ground.” Aggrieved, the Revenue is in appeal before the Tribunal. 6. We have heard rival contentions and gone through facts and circumstances of the case. The facts of the case are that the assessee company

M/S. Ssjv Projects Pvt Ltd, Bengaluru vs. Income Tax Officer, Ward-6(1)(3), Bengaluru

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

ITA 866/BANG/2022[2013-14]Status: DisposedITAT Bangalore28 Oct 2022AY 2013-14

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2013-14 M/S. Ssjv Projects Private Limited, Vs. Income Tax Officer, Ground Floor, No.21/6, Ward – 6[1][3], Craig Park Layout, M. G. Road, Bengaluru. Bengaluru – 560 001. Pan : Aaacu 3698 R Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Shri. K. R. Narayan, Addl. Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 26.10.2022 Date Of Pronouncement : 27.10.2022 O R D E R Per N. V. Vasudevan: This Appeal Filed By The Assessee Against The Order Dated 20.07.2022 By The National Faceless Appeal Centre (Nfac), Delhi, In Relation To Assessment Year 2013-14. 2. The Ao Passed The Order Of Assessment Under Section 143(3) Dated 31.03.2016. Against The Additions Made In The Said Order, Assessee Filed An Appeal Before The Cit(A) – 6, Bengaluru Who Disposed Off The Appeal By An Order Dated 09.02.2018. Against The Said Aforesaid Orders Of The Cit(A), Assesse Filed Appeal Before The Hon’Ble Itat. The Hon’Ble Itat In Ita Nos.2195 & 2196/Bang/2018, Order Dated 24.02.2018, Remanded The Matter To The Cit(A) For Fresh Consideration. Page 2 Of 5

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. K. R. Narayan, Addl. CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 250

appeal is dismissed.” Page 3 of 5 5. Aggrieved by the aforesaid order of the CIT(A), assessee has filed the present appeal before the Tribunal. Ground No.2 raised by the assessee reads as follows: “2. The appellate order passed by the learned Commissioner of Income – tax [Appeals], NFAC

Shri A. Mohamed Ziavuddin, Chennai vs. ITO Non -Corporate Ward -11(2), Chennai

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

ITA 954/CHNY/2020[2012-2013]Status: DisposedITAT Chennai21 Oct 2022AY 2012-2013

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.953 & 954/Chny/2020 िनधा"रण वष"/Assessment Years: 2010-11 & 2012-13 Shri A. Mohamed Ziavuddin, Vs. The Income Tax Officer, Old No. 8, New No. 6/34, Venkata Iyer Non-Corporate Ward 11(2), Street, Muthialpet, George Town, Chennai Chennai 600 001. [Pan:Aaapz3654R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 19.10.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 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) 13, Chennai Dated 15.04.2019 Relevant To The Assessment Years 2010-11 & 2012-13. 2. Both The Appeals Filed By The Assessee Are Time Barred By 520 Days Delay In Filing The Appeal Before The Tribunal. In The Form Of An Affidavit, The Assessee Has Filed Petition For Condonation Of Delay

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

Both the appeals filed by the assessee are time barred by 520 days delay in filing the appeal before the Tribunal. In the form of an affidavit, the assessee has filed petition for condonation of delay, 2 I.T.A. Nos.953 & 954/Chny/20 wherein, it was explained for the delay between the period ... appeal before the first appellate authority and the ld. CIT(A) dismissed both the appeals. 4. On being aggrieved, the assessee is in appeal before the Tribunal for both the assessment years and challenged the exparte order passed by the ld. CIT(A), wherein, legal issue has been raised

Shri A. Mohamed Ziavuddin, Chennai vs. ITO Non-Corporate Ward-11(2), Chennai

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

ITA 953/CHNY/2020[2010-2011]Status: DisposedITAT Chennai21 Oct 2022AY 2010-2011

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.953 & 954/Chny/2020 िनधा"रण वष"/Assessment Years: 2010-11 & 2012-13 Shri A. Mohamed Ziavuddin, Vs. The Income Tax Officer, Old No. 8, New No. 6/34, Venkata Iyer Non-Corporate Ward 11(2), Street, Muthialpet, George Town, Chennai Chennai 600 001. [Pan:Aaapz3654R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 19.10.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 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) 13, Chennai Dated 15.04.2019 Relevant To The Assessment Years 2010-11 & 2012-13. 2. Both The Appeals Filed By The Assessee Are Time Barred By 520 Days Delay In Filing The Appeal Before The Tribunal. In The Form Of An Affidavit, The Assessee Has Filed Petition For Condonation Of Delay

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

Both the appeals filed by the assessee are time barred by 520 days delay in filing the appeal before the Tribunal. In the form of an affidavit, the assessee has filed petition for condonation of delay, 2 I.T.A. Nos.953 & 954/Chny/20 wherein, it was explained for the delay between the period ... appeal before the first appellate authority and the ld. CIT(A) dismissed both the appeals. 4. On being aggrieved, the assessee is in appeal before the Tribunal for both the assessment years and challenged the exparte order passed by the ld. CIT(A), wherein, legal issue has been raised

Parthiban, Chennai vs. ITO Non Corporate Ward-7(2), Chennai

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

ITA 562/CHNY/2020[2014-15]Status: DisposedITAT Chennai21 Oct 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 562/Chny/2020 िनधा"रण वष"/Assessment Year:2014-15 Shri Parthiban, Vs. The Income Tax Officer, Plot No. 83-A, Door No. 9, Thiruvallur Non Corporate Ward 7(2), Street, Jagadhambigai Nagar, Chennai 600 034. Chennai 600 050. [Pan:Biipp0005R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Sitaraman, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 23.08.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 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) 7, Chennai, Dated 17.01.2020 Relevant To The Assessment Year 2014-15. 2. Facts Are, In Brief, That The Assessee Has Filed His Return Of Income For The Assessment Year 2014-15 On 14.07.2014 Returning Nil Income & Agricultural Income Of ₹.43,00,530/-. The Case Was Selected Through Cass & The Assessment Was Completed Under 2

For Appellant: Shri G. Sitaraman, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 148Section 2(1)(A)

held that reopening is valid. 4. On being aggrieved the assessee carried the matter in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that during the course of original assessment proceedings, the Assessing Officer issued a notice under section 142(1) of the Act dated