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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

Whole Stationery Product (P) Ltd, Delhi vs. ITO Ward-27(3), Delhi

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

ITA 4323/DEL/2025[2012-13]Status: DisposedITAT Delhi27 Nov 2025AY 2012-13

Bench: Shri Mahavir Singh & Shri Manish Agarwalwhole Stationery Products Pvt. Income Tax Officer, Ltd., Ward-27(3), 19 Igi, Gurgaon Road, Vs. Delhi. Kapashera, Delhi-110097 Pan-Aaacw0263A (Appellant) (Respondent) Assessee By None Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 25.11.2025 Date Of Pronouncement 25.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A), In Short] Dated 06.12.2023 Arising Out Of The Order Passed U/S 147 R.W.S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 29.12.2019 For Assessment Year 2012-13. 2. The Present Appeal Filed By The Assessee Is Delayed By 518 Days For Which An Application For Condonation Of Delay Is Filed Wherein It Is Stated That The Order Of Ld. Cit(A) Was Sent On Incorrect Mail Id & When The Assessee Has Received The Follow Up Communication From The Ao, It Had Come To The Knowledge Of The Assessee About Whole Stationery Products Pvt. Ltd. Vs. Ito The Passing Of The Appellate Order. It Is In This Background, A Request Is Made To Condone The Delay.

Section 147

request is made to condone the delay. 3. Heard the parties on delay. There was delay of 518 days in filing of appeal before the Tribunal. The reasons stated in the petition have not been found to be false and it is also a matter of fact that the assessee

Mohd. Alam Quershi, Moradabad vs. ITO Ward-1(1), Moradabad

In the result, the appeal of the assesse is allowed

ITA 3986/DEL/2025[2015-16]Status: DisposedITAT Delhi27 Nov 2025AY 2015-16

Bench: Shri Mahavir Singh & Shri Manish Agarwalmohd. Alam Quershi, Income Tax Officer, 0, Gol Kothi, Depduty Ganj, Ward-1(1), Moradabad-244001, Vs. Moradabad. Uttar Pradesh. Pan-Aadpq4002B (Appellant) (Respondent) Assessee By Shri Neeraj Jain, Ca & Shri P.K. Mishra, Ca Department By Shri Manish Gupta, Sr. Dr 19.11.2025 Date Of Hearing Date Of Pronouncement 19.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A) In Short], Dated 17.02.2025 In Appeal No. Nfac/2014-15/10282979 Arising Out Of The Assessment Order Passed U/S 147 R.W.S. 144 Dated 19.05.2023 For Assessment Year 2015-16. 2. Brief Facts Of The Case Are That Case Of The Assessee Was Reopened On The Basis Of Information Received That There Were Larger Credits In The Bank Account Of The Assessee & There Is Mismatch In The Income Declared By The Assessee & Credits In The Bank Account & Accordingly, Notice U/S 148 Was Issued On 06.04.2021. Mohd. Alam Qureshi Vs. Ito Thereafter, In Terms Of The Order Of Hon’Ble Supreme Court In The Case Of Union Of India Vs. Ashish Agarwal & Ors. In Civil Appeal No. 3005/2002, The Said Notice Was Treated As Notice U/S 148A(2) Of The Act. After Passing The Order U/S 148A(D) Of The Act, A Fresh Notice U/S 148 Was Issued On 29.07.2022. In Response, The Assessee Filed The Return On 28.08.2022 Declaring Total Income Of Rs. 3,90,230/-. The Assessment Was Completed U/S 147 R.W.S. 144B At An Income Of Rs. 58,64,382/- By Making Addition Of Rs. 54,74,132/-.

Section 147Section 148Section 148ASection 148A(2)

appeal before the Ld. CIT(A) who dismissed the appeal of the assessee. 4 Aggrieved by the said order, the assessee is in appeal before the Tribunal. 5. The appeal filed by the assessee is delayed by 49 days for which an application for condonation of delay was filed