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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

V.B. Builders, New Delhi vs. DCIT, Circle-2, Ghaziabad

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

ITA 2059/DEL/2018[2013-14]Status: DisposedITAT Delhi27 Jul 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2013-14 V.B. Builders, Vs Dcit, C/O Praveen Aggarwal & Co.,Cas, Circle-2, 23, Bhai Veer Singh Marg, Ghaziabad. Gole Market, New Delhi. Pan: Aagfv0254P (Appellant) (Respondent) Assessee By : Shri Kvsr Krishnan, Ca Revenue By : Shri N.K. Bansal, Sr. Dr Date Of Hearing : 19.07.2021 Date Of Pronouncement : 27.07.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St January, 2018 Of The Cit(A), Ghaziabad, Relating To Assessment Year 2013-14. 2. Levy Of Penalty Of Rs.6,63,960/- By The Ao U/S 271(1)(C) Of The It Act, 1961 Which Has Been Upheld By The Cit(A) Is The Only Issue Raised By The Assessee In The Grounds Of Appeal. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Partnership Firm Engaged In The Business Of Real Estate. It Filed Its Return Of Income On 29Th October, 2013 Declaring Total Income At Rs.1,78,80,820/-. The Ao Completed The Assessment U/S 143(3) Of The It Act, 1961 On 30Th December, 2015 Determining The Total Income Of The Assessee At Rs.2,00,28,920/- Wherein He Made An Addition Of Rs.21,48,102/- By Estimating The Profit At 14.5% As Agreed By The Assessee For Such Estimation. Subsequently, The Ao Initiated Penalty Proceedings U/S 271(1)(C) Of The Act. Rejecting The Various Explanations Given By The Assessee & Distinguishing The Various Decisions Cited Before Him, The Ao Levied Penalty Of Rs.6,63,763/- Being 100% Of Tax Sought To Be Evaded.

For Appellant: Shri KVSR Krishnan, CAFor Respondent: Shri N.K. Bansal, Sr. DR
Section 143(3)Section 271(1)(c)

ld.CIT(A) sustained the penalty levied by the AO. 5. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 6. The ld. counsel for the assessee, referring to the following decisions, submitted that penalty

Bhupesh Kumar, New Delhi vs. ITO Ward 43(3), New Delhi

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

ITA 5530/DEL/2019[2016-17]Status: DisposedITAT Delhi26 Jul 2021AY 2016-17

Bench: Shri R.K. Pandaassessment Year: 2016-17 Bhupesh Kumar, Vs Ito, 380, 1St Floor, Block-B, Ward 43(3), Sector-19, Dwarka, New Delhi. New Delhi. Pan: Ahmpk6335M (Appellant) (Respondent) Assessee By : None Revenue By : Shri Vijay Kumar Kataria, Sr. Dr Date Of Hearing : 26.07.2021 Date Of Pronouncement : 26.07.2021 Order This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 7Th June, 2019 Of The Cit(A)-15, New Delhi, Relating To Assessment Year 2016-17. 2. None Appeared On Behalf Of The Assessee Despite Issue Of Notice Through Rpad. Therefore, This Appeal Is Being Decided On The Basis Of Material Available On Record & After Hearing The Ld. Dr 3. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Sustaining The Addition Of Rs.22,94,977/- Made By The Ao In The Order Passed U/S 143(3) Of The It Act, 1961. 4. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th December, 2016 Declaring The Total Income At Rs.3,45,440/-. The Case Was Selected For Scrutiny To Verify The Cash In Hand Shown In The Income-Tax Return. Notice U/S 143(2) & A Questionnaire Along With Notice U/S 142(1) Was Issued & Served On The Assessee On Different Dates. From The Various Details Furnished By The Assessee, The Ao Noted That The Assessee Could Not Explain The Huge Difference Of Rs.22,94,977/- In Cash In Hand As Compared To Last Year’S Balance Sheet. Although Due Opportunity Was Granted By The Ao, However, There Was No Satisfactory Compliance From The Side Of The Assessee To His Query. The Ao Noted That The Cash In Hand As On 31.03.2015 Was Rs.17,26,593/- Whereas The Cash Balance As On 31.03.2016 Was Rs.40,21,870/-. Since The Difference Of Rs.22,94,977/- Remained Unexplained, The Ao Made Addition Of The Same To The Total Income Of The Assessee.

For Appellant: NoneFor Respondent: Shri Vijay Kumar Kataria, Sr. DR
Section 142(1)Section 143(2)Section 143(3)

Aggrieved with such ex parte order of the CIT(A) sustaining the addition made by the AO, the assessee is in appeal before the Tribunal. 7. I have heard the ld. DR and perused the record. I find, the AO, in the instant case, made an addition of Rs.22