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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

DCIT, Circle- 1, Ltu, New Delhi vs. The Oriental Insurance Co. Ltd., New Delhi

In the result, the order passed by the tribunal dated 09

ITA 5834/DEL/2018[2015-16]Status: DisposedITAT Delhi24 Sept 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2015-16 Dcit, Vs The Oriental Insurance Co. Ltd., Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi. New Delhi. Pan: Aaact0627R (Appellant) (Respondent) Assessee By : Shri Tarandeep Singh, Ca & Shri Pulkit Verma, Advocate Revenue By : Shri H.K. Chaudhary, Cit, Dr Date Of Hearing : 20.09.2021 Date Of Pronouncement : 24.09.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29Th June, 2018 Of The Cit(A)-22, New Delhi Relating To Assessment Year 2015-16. 2. Ground Of Appeal No.1 Raised By The Revenue Reads As Under:- “1. On The Facts & The Circumstances Of The Case & In Law, Ld. Cit (A) Has Erred In Deleting The Addition Of Rs.25,85,81,755/- Made By The Ao U/S 14A Of The I.T. Act.” 3. Facts Of The Case, In Brief, Are That The Assessee Is A Public Sector Undertaking Of Government Of India & Is In The Business Of Non-Life Insurance. It Filed Its Return Of Income Declaring Total Income Under Normal Provisions Of The Income-Tax Act At A Loss Of Rs.186,97,30,289/- & Book Profit U/S 115Jb I.E., Mat Scheme Of Rs.565,63,58,876/-. During The Course Of Assessment Proceedings, The Ao Noted That The Assessee Has Claimed The Following Income As Exempt:- S. No. Particulars Amount ( □) 1. Interest On Tax Free Public Sector Bonds Exempt Under 4,59,58,525/- Section 10 (15) (Iv) (H) Of The Act 2,04,22,38,227/- 2. Dividend Exempt U/S 10(34) Of The Income Tax Act, 1961 Total 2,08,81,96,752/-

For Appellant: Shri Tarandeep Singh, CA &For Respondent: Shri H.K. Chaudhary, CIT, DR
Section 10Section 10(34)Section 115JSection 14ASection 44

r.w.r. 8D of the IT Act, 1961. 6. Aggrieved with such order of the CIT(A), the Revenue is in appeal before the Tribunal. 2 7. The ld. DR heavily relied on the order of the AO. He submitted that there cannot be two different views that section ... computation of book profit u/s 115JB of the IT Act. 16. Aggrieved with such order of the CIT(A), the Revenue is in appeal before the Tribunal. 17. The ld. DR heavily relied on the order of the AO. 18. The ld. Counsel for the assessee, on the other hand

Jmw India Pvt. Ltd., Delhi vs. DCIT, Circle- 13(2), New Delhi

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

ITA 4056/DEL/2018[2013-14]Status: DisposedITAT Delhi24 Sept 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2013-14 Jmw India Pvt. Ltd., Vs Dcit, C-498, 1St Floor, Jojna Vihar, Circle-13(2), Delhi. New Delhi. Pan: Aaacj3260C (Appellant) (Respondent) Assessee By : Shri C.S. Anand, Advocate & Shri Sankalp Anand, Advocate Revenue By : Ms Anima Barnwal, Sr. Dr Date Of Hearing : 26.08.2021 Date Of Pronouncement : 24.09.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 8Th March, 2018 Of The Cit(A)-5, Delhi Relating To Assessment Year 2013-14. 2. The Grounds Raised By The Assessee Are As Under:- “1. That On The Facts & In The Circumstances Of The Case , The Ld Cit(A) Had Erred In Not Allowing Exclusion Of Interest Subsidy Amounting To Rs. 30,01,143/- & Of Excise Duty Refund Amounting To Rs. 4,98,49,144/-, Being Capital In Nature, In Computing Book Profit U/S 115Jb . 2. That On The Facts & In The Circumstances Of The Case ,The Book Profit U/S 115Jb Ought To Had Been Computed At A Negative Figure, As Per The Revised Computation Of Income Filed By The Assessee.”

For Appellant: Shri C.S. Anand, Advocate &For Respondent: Ms Anima Barnwal, Sr. DR
Section 115JSection 2(24)

compute the reduced credit of MAT eligible to the appellant.” 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 the issue stands squarely covered in favour of the assessee by the decision