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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

Blooming Diagnostics & Impex Pvt. Ltd., New Delhi vs. ITO, Ward- 5(1), New Delhi

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

ITA 4531/DEL/2017[2012-13]Status: DisposedITAT Delhi26 Oct 2021AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2012-13 Blooming Diagnostics & Impex Vs Ito, Pvt. Ltd., Ward-5(1), C/O R.K. Tuli & Associates, Ca, New Delhi. 11/37, Old Rajinder Nagar, New Delhi. Pan : Aaccb9882G (Appellant) (Respondent) Assessee By : Shri Baldev Raj, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 26.10.2021 Date Of Pronouncement : 26.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 10Th March, 2017 Of The Cit(A)-2, New Delhi, Relating To The Assessment Year 2012-13. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming The Various Additions Made By The Ao & Determining The Total Income Of The Assessee At Rs.2,24,13,520/- Against The Returned Income Of The Assessee Of Rs.5,95,800/-. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company Engaged In The Business Of Trading Of Drugs, Medicines & Pathological Items. It Filed Its Return Of Income On 6Th July, 2013 Declaring The Total Income Of Rs.5,95,810/-. The Case Was Selected For Scrutiny Under Cass & Notice U/S 143(2) Of The Act Dated 02.09.2014 Was Issued & Served Upon The Assessee Through Speed Post. A Questionnaire Dated 22Nd October, 2014 U/S 142(1) Of The Act Was Issued & Served Upon The Assessee For Compliance.

For Appellant: Shri Baldev Raj, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 131Section 142(1)Section 143(2)Section 40Section 68

assessee by Rs.60 lakhs which the AO had allowed. 5. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 6. The ld. Counsel for the assessee submitted that in the interest of justice the assessee should be given an opportunity to substantiate