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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

Mr. Girish Kisandas Mehta, Pune vs. ITO Ward 9 (3), Pune

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

ITA 1259/PUN/2025[2018-19]Status: DisposedITAT Pune29 Dec 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1259/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Mr. Girish Kisandas Mehta, Vs. Ito, Ward-9(3), Pune. Mehta Niwas Bhairavnath Nagar, Kusgaon, Lonavala, Maval, Pune- 410401. Pan : Akepm3983A Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By Smt. N. C. Shilpa : Date Of Hearing : 17.11.2025 Date Of Pronouncement : 29.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Income-Tax Act, 1961 ('The Act') It Be Held That The Assessment Proceedings Initiated U/S 147 Of The Act Are Invalid Since The Requisite Approval/Sanction U/S 151(Ii) Of The Act Is Not Taken. Accordingly, The Assessment Proceedings So Initiated Be Kindly Annulled & Appellant Be Granted Just & Proper Relief In This Respect.

For Appellant: Shri Bhuvanesh Kankani
Section 139Section 147Section 148Section 151Section 2(14)Section 80C

assessee. 5. It is the above ex-parte order passed by Ld. CIT(A)/NFAC against which the assessee is in appeal before the Tribunal challenging the addition on merit. The assessee has also raised legal grounds challenging the reopening of the assessment before the Tribunal for the first time

Catholic Education Society, Mumbai vs. Income Tax (Exemption), Mumbai

In the result, appeal of the assessee is allowed

ITA 5030/MUM/2025[2020-21]Status: DisposedITAT Mumbai29 Dec 2025AY 2020-21

Bench: Shri Sandeep Gosain & Shri Girish Agrawalcatholic Education Society Vs Income Tax Department Cit 338, Bb, Michael Villa, New (Exemption) Hall Road, Kurla (W), Mumbai Room No.601, 6Th Floor, 400070 Cumballa Hill Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Pan: (Aaatc5704H) Mumbai 400026 Appellant Respondent Present For: Appellant By : Dr K Shivram Sr. Advocate & Shri Shashi Bekal, Ca Respondent By : Shri R.A. Dhyani, Cit Dr Date Of Hearing : 01.10.2025 Date Of Pronouncement : 29.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(Exemptions), Mumbai Vide Order No. Itba/Rev/F/Rev5/2024- 25/1075306167(1) Dated 30.03.2025 Passed Against Assessment Order U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 05.09.2022 For Ay 2020-21. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. On Facts & Circumstances Of The Case & In Law, The Ld. Commissioner Of Income-Tax (Exemption) (Cit(E)) Has Erred In Issuing A Notice & Passing An 2

For Appellant: Dr K Shivram Sr. Advocate and Shri Shashi Bekal, CAFor Respondent: Shri R.A. Dhyani, CIT DR
Section 11Section 12ASection 13Section 13(3)Section 142(1)Section 143(1)Section 143(3)Section 263

payments made to specified persons u/s. 13(3) so as to ascertain reasonableness, genuineness and admissibility of the expenses. Aggrieved, assessee is in appeal before the Tribunal. 4.1. Before us, ld. Counsel for the assessee pointed out that case of the assessee was selected for limited purpose of examining payments

Sh. Satpal Singh, Meerut vs. ITO, Meerut

The appeal of the assessee is dismissed

ITA 2761/DEL/2013[2007-08]Status: DisposedITAT Delhi29 Dec 2025AY 2007-08

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandrash. Satpal Singh, Income Tax Officer, C/O Sh. P.K. Dublish, Ward-2 (3), Meerut. Advocate, 205/5, Vs. Thapar Nagar, Meerut. Pan-Bllps5466B (Appellant) (Respondent) Appellant By None Respondent By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 16.12.2025 Date Of Pronouncement 29.12.2025 Order Per Yogesh Kumar U.S., Jm: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Meerut [“Ld.Cit(A)”, For Short], Dated 16.12.2010 Pertaining To Assessment Year 2007-08. 2. Brief Facts Of The Case Are That The Assessment Order Came To Be Passed On 29.12.2009 U/S 1243(3) Of The Act By Making The Following Additions: I. Rs.1,49,761/- On Account Of Gross Profit On Suppressed Sales. Ii. Rs.1,16,750/- On Account Of Unexplained Capital. Iii. Rs.16,00,000/- On Account Of Unexplained Income. Iv. Rs.36,87,216/- Towards Unexplained Debtors. Satpal Singh Vs. Ito 3. Aggrieved By The Assessment Order Dated 29.12.2009, Assessee Preferred An Appeal Before The Ld. Cit(A). The Ld. Cit(A) Vide Order Dated 16.10.2010 Dismissed The Appeal Of The Assessee. As Against The Order Of The Ld. Cit(A) Dated 16.10.2010, Assessee Preferred The Present Appeal.

Section 124Section 133(6)Section 142(1)Section 143(3)

observed above, the assessee being a chronic defaulter who has not appeared before the Ld. CIT(A). Even after filing the appeal before the Tribunal, failed to appear and appeal has been once dismissed on 14.09.2015 which has been recalled Misc. Applications No.140/Del/2018 vide order dated 26.04.2019. Even after restoring