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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

Ashish Life Science P. Ltd., Mumbai vs. Asst. CIT-Circle-9(1)(2), Mumbai

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

ITA 964/MUM/2021[2017-18]Status: DisposedITAT Mumbai26 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 964/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) Ashish Life Science Pvt. Ltd. बिधम/ Acit-Cir, 9(1)(2) 210, 2Nd Floor, Aayakar 213, Laxmi Plaza Industrial Vs. Estate, New Link Road, Bhavan, M. K. Road, Andheri, Mumbai-400053. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb4093N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Dhaval Shah Revenue By: Shri K.P.R.R. Murty सुनवाई की तारीख / Date Of Hearing: 22/03/2022 घोषणा की तारीख /Date Of Pronouncement: 26/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 15.04.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The “(Nfac)”] In The Relevant A.Y.2017-18. 2. The Assessee Has Raised The Following Grounds: - “1. The Ld. Cit(A) Has Erred In Law & In Facts In Passing The Order U/S. 250 Of The Act Through National Faceless Appeal Center Which Is Bad In Law & Invalid. 2. The Ld. Cit(A) Has Erred In Law & In Facts Confirming The Assessment Order Passed U/S. 143(3) Of The Act Without. Considering The Written Submissions Filed By The Appellant. As Such, The Order Is

For Appellant: Shri Dhaval ShahFor Respondent: Shri K.P.R.R. Murty
Section 143(1)Section 143(2)Section 143(3)Section 250

prefer any appeal before the Hon’ble ITAT. For A.Y.2005-06, against the order of the CIT(A), the department had filed an appeal before the Tribunal which was dismissed and the department did not prefer any appeal before the High Court. Hence, in this background, the Hon’ble High Court

Hubtown Ltd., Mumbai vs. Pr. CIT (Central)-4, Mumbai

ITA 696/MUM/2021[2015-16]Status: DisposedITAT Mumbai26 Apr 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M.Balaganeshआअसं.696/मुं/2021(िन.व. 2015-16) Hubtown Limited, Cts No. 469A, Hubtown Seasons, 1, R.C. Marg, Chembur (East), Mumbai-400071. Pan: Aaaca6101D ...... अपीलाथ" /Appellant बनाम Vs. Pcit (Central), Room No. 663, 6Th Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Vijay Mehta "ितवादी "ारा/Respondent By : Sh. Purushottam Tripuri, Cit-Dr सुनवाई की ितिथ/ Date Of Hearing : 01/02/2022 घोषणा की ितिथ/ Date Of Pronouncement : 26/04/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Principle Commissioner Of Income Tax (Central)-4, Mumbai [Hereinafter Referred To As ‘The Pcit’] Dated 30.03.2021 For Assessment Year (Ay) 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

For Appellant: Sh. Vijay MehtaFor Respondent: Sh. Purushottam Tripuri, CIT-DR
Section 263Section 80I

80IB(10) in respect of Mayanagar project. In first appeal, the assessee succeeded. The Revenue carried the issue in appeal before the Tribunal in ITA No. 2764/Mum/2018 (supra). The Co-ordinate bench discussed the issue threadbare on facts and legal requirements and thereafter upheld the findings

M/S. Nitesh Estates Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 5(1)(2), Bangalore

In the result appeal filed by assessee stands allowed on legal issue raised in ground no

ITA 1486/BANG/2019[2009-10]Status: DisposedITAT Bangalore20 Apr 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Nitesh Estates The Deputy Ltd., Commissioner Of Nitesh Time Square, Income Tax, 7Th Floor, #8, M.G. Road, Circle – 5 [1][2], Bangalore – 560 001. Vs. Bangalore. Pan: Aabcn9267C Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Sankar Ganesh K, Jcit Revenue By (Dr) Date Of Hearing : 04-02-2022 Date Of Pronouncement : 20-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 28/03/2019 Passed By The Ld. Cit(A)-5, Bangalore For Assessment Year 2009-10 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Order Of Re-Assessment Is Bad In Law & Void-Ab- Initio For Want Of Requisite Jurisdiction Especially, The Mandatory Requirements To Assume Jurisdiction U/S 148 Of The Act Did Not Exist & Have Not Been Complied With & Consequently, The Re-Assessment Requires To Be Cancelled. 3. The Learned Cit[A] Ought To Have Appreciated That There Was No Fresh Material To Show That Income Had Escaped Assessment Especially When There Was A Scrutiny

For Appellant: Shri V. Srinivasan, Advocate
Section 143Section 143(3)Section 147Section 148Section 234

grounds of appeal cannot be accepted. The same are therefore disallowed.” Aggrieved by the order of the Ld.CIT(A), assessee is an appeal before the Tribunal. Page 5 of 17 Application for condonation of delay 5. At the outset the Ld.AR submitted that there is a delay of 10 days ... revenue with any contrary materials, in the interest of justice we condone the delay of 10 days in filing the present appeal before the Tribunal. Accordingly the appeal filed by assessee stands admitted to be adjudicated on issues raised. Page 6 of 17 7. Ground No.2: The Ld.AR