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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

Income Tax Officer Ward -3(1), Mumbai vs. Bhadresh Jayantilal Shah, Thane

In the result, the appeal of the revenue is dismissed

ITA 1666/MUM/2022[2010-11]Status: DisposedITAT Mumbai22 Sept 2022AY 2010-11

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1666/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2010-11) Ito, Ward-3(1), Kalyan बिधम/ Bhadresh Jayantilal Shah 2Nd Floor, Rani Mansion, B-106 Shiv Sambhav Vs. Murbad Road, Kalyan (W), Chsl, Veer Savarkar 421301. Road, Dombivli (E), Thane-421201. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aeeps2956R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/08/2022 घोषणा की तारीख /Date Of Pronouncement: 22/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Action Of The Ld. Commissioner Of Income Tax (Appeals)/ Nfac, Delhi Dated 11.03.2022 For Assessment Year 2010-11 Deleting The Penalty Levied By The Ao U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Facts Of The Case Is That The Ao In The Quantum Assessment Dated 30.12.2014 Had Added Rs.1,46,635/- Being 100% Of The Alleged Bogus Purchases. On Appeal, The Ld. Cit(A)-1 By Order Dated 25.06.2018 Reduced The Same To The Extent Of 25% Of The Alleged Bogus Purchases. Resultantly, The Addition Was Restricted To Rs.36,659/-. On Further Appeal By Revenue, The Tribunal Upheld The Action Of The Cit(A) (Ita. No 5079 & 5080/Mum/2018) & Thus The Revenue Appeal Was Dismissed.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 271(1)(c)

Aero Traders Pvt. Ltd. [(2010) 322 ITR 316 (Del.)] has held as under: “6. Aggrieved by this order, the revenue filed an appeal before the Tribunal. The Tribunal, after hearing the submissions made on behalf of the revenue, came to the conclusion that the CIT(A) had taken the correct

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 72/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 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) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

assessment years 2016-17 and 2017-18. 2. Both the appeals filed by the assessee are delayed by 130 days in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit explaining the reasons for the delay due to outbreak ... seriously object to the submissions of the ld. Counsel. Since the assessee was prevented by reasonable cause for the delay in filing the appeal before the Tribunal, the delay is condoned and admitted the appeals for adjudication. 3. The first common ground raised in both the appeals relates to confirmation

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 71/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 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) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

assessment years 2016-17 and 2017-18. 2. Both the appeals filed by the assessee are delayed by 130 days in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit explaining the reasons for the delay due to outbreak ... seriously object to the submissions of the ld. Counsel. Since the assessee was prevented by reasonable cause for the delay in filing the appeal before the Tribunal, the delay is condoned and admitted the appeals for adjudication. 3. The first common ground raised in both the appeals relates to confirmation