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“first appeal”

AppealsSection 246ASection 246A5,395 judgments

The decision most relied on for first appeal is CIT v. Union Tyres (240 ITR 556), cited in 135 judgments on BharatTax.

Leading authorities on first appeal

CIT v. Union Tyres
240 ITR 556 · 1999 · High Court
135
citing judgments

The first appellate authority, the Commissioner (Appeals), cannot enhance an assessment by considering a new scope or source of income that was not part of the original assessment proceedings. Its power to enhance under Section 251(1)(a) is restricted to what was originally assessed.

Sanjay Sawhney v. Principal Commissioner of Income-tax
116 Taxmann.com 701 · 2020 · High Court
87
citing judgments

Rule 27 of the ITAT Rules allows a respondent to defend a favourable order of the CIT(A) by raising grounds decided against them, even without filing an appeal or cross-objection. Such issues can be raised orally and for the first time before the Tribunal.

Sugar Mills Pvt. Ltd. v. CIT
156 ITR 54 · 1985 · High Court
59
citing judgments

An appellate authority can admit and adjudicate a new legal ground for the first time, even if not raised in earlier appellate proceedings, provided its omission was neither willful nor unreasonable.

Kiran Singh & Ors. v. Chaman Paswan & Ors.
1 SCR 117 · 1955 · Supreme Court
55
citing judgments

A decree or proceeding initiated by an authority without jurisdiction is a nullity, void ab initio, and its invalidity can be raised at any stage, including in collateral proceedings or for the first time on appeal, as a defect of jurisdiction cannot be cured even by consent.

CIT v. S. Chenniappa Mudaliar
74 ITR 41 · 1969 · Supreme Court
40
citing judgments

The first appellate authority cannot dismiss an appeal for default without disposing of the grounds on merits. Dismissal without going into the merits is not justified.

Ultratech Cement Ltd. v. Additional Commissioner of Income Tax
408 ITR 500 · 2018 · High Court
32
citing judgments

A tribunal can exercise its discretion to admit an additional ground of appeal, even if raised for the first time, provided it considers the facts and circumstances of the case.

CIT v. Geo Industries and Insecticides (1) Pvt Ltd.
96 TTJ 211 · 2005 · ITAT
30
citing judgments

The Income Tax Appellate Tribunal (ITAT) can adjudicate a fresh claim raised for the first time before it, provided it is permissible under the law.

Ramco Cements Ltd. v. DCIT
373 ITR 146 · 2015 · High Court
28
citing judgments

An assessee can make a claim of deduction for the first time before the appellate authorities.

Judgments citing first appeal

Kanya Gurukul Shiksha Samiti, Nilokheri vs. Income Tax Officer (Exemption), Ambala

The appeal stand dismissed as withdrawn

ITA 1/CHANDI/2025[2021-2022]Status: DisposedITAT Chandigarh02 Jun 2025AY 2021-2022

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No. 1/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2021-22) Kanya Gurukul Shiksha Samiti Ito (Exemption) बनाम/ Anjanthali Nilokheri Aaykar Bhawan 2Nd Floor B. C. Bazaar Haryana132021 Vs. Ambala Cantt-133001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaffk-8836-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri S. B. Gupta (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 22-05-2025 घोषणाकीतारीख /Date Of Pronouncement : 02-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. During Hearing Of Captioned Appeal, It Transpires That The Return Of Income As Filed By The Assessee Was Initially Processed U/S 143(1). The Assessee Filed Rectification U/S 154 Which Was Disposed-Off By Cpc On 15-12-2022. The Assessee Preferred First Appeal Against This Order Which Was Disposed-Off Vide Order Dated 09-09-2024 Wherein Ld. Ao Was Directed To Allow Certain Expenditure. In The Set-Aside Proceedings, Ld. Ao Re-Determined Income Of Rs.19.49 Lacs Vide Order Dated 06-11-2024. Against This Order, The Assessee Has Filed

For Appellant: Shri S. B. Gupta (Advocate) – Ld. ARFor Respondent: Shri Vivek Vardhan (Addl. CIT) - Ld. Sr. DR
Section 143(1)Section 154

initially processed u/s 143(1). The assessee filed rectification u/s 154 which was disposed-off by CPC on 15-12-2022. The assessee preferred first appeal against this order which was disposed-off vide order dated 09-09-2024 wherein Ld. AO was directed to allow certain expenditure

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Gautam Malhotra, Faridkot

The appeal stands dismissed

ITA 677/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh02 Jun 2025AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.677/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Dcit- Central Circle-2 Shri Gautam Malhotra Sco 1-6, 3Rd Floor बनाम/ S/O Shri Deep Malhotra Kitchlu Nagar Near Bvm School Old Cantt Road Vs. Ludhiana-141001. Faridkot, Punjab-151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aigpm-9197-C (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Manav Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 14-05-2025 घोषणाकीतारीख /Date Of Pronouncement : 02-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-5, Ludhiana [Cit(A)] Dated 30-03-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S.143(3)Of The Act On 30-12-2019. The Sole Grievance Of The Revenue Is Deletion Of Addition Of Rs.305 Lacs As Made By Ld. Ao U/S 68 Of The Act. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Shri Manav Bansal (CIT) – Ld. DR
Section 143(3)Section 68

debits and credit in the account of the lender which were not commensurate with the income tax return. 3. The assessee’s submissions during first appeal were subjected to remand proceedings wherein the assessee furnished additional evidences which were in the shape of documentary evidences pertaining to those persons

Shreenath Mhaskoba Sakhar Karkhana Ltd, Pune vs. DCIT, Circle-5, Pune

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

ITA 305/PUN/2025[2018-19]Status: DisposedITAT Pune30 May 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.305/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Shreenath Mhaskoba Sakhar Vs. Dcit, Circle-5, Pune. Karkhana Ltd., Survey No.12/2, 2Nd Floor, Meghdoot Building, Behind Bharat Petroleum Pump, Hadpasar, Pune- 411028. Pan : Aahcs3018G Appellant Respondent Assessee By : Shri B.D. Bhide Revenue By : Shri A. D. Kulkarni Date Of Hearing : 02.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.12.2024 Passed By Ld. Addl/Jcit(A)-7, Kolkata [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “Being Aggrieved By An Order Passed U/Sec.250 By The Ld. Cit(A)- Nfac, Delhi (Hereinafter Referred For Short As The Ld. Cit(A)) Your

For Appellant: Shri B.D. BhideFor Respondent: Shri A. D. Kulkarni
Section 116Section 139(1)Section 143Section 143(1)Section 143(3)Section 250Section 438Section 43BSection 80Section 80I

India Ltd vs. DCIT, Mumbai in ITA No.732/MUM/2023 order dated 22.09.2023, we find that the facts are different. In the above referred decision the first appeal against intimation order u/s 143(1) of the IT Act was not dismissed summarily and the additions were not made in the regular assessment ... supra), wherein the appeal of the assessee was dismissed, however in the benefit of the assesse, since he was given liberty to file first appeal against the 143(1) order belatedly, we are of the considered opinion that the legislature has provided separate appeals against each order passed under

Mr Vikas Jayram Bhukan, Pune vs. ITO Ward 12(3), Pune

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

ITA 2483/PUN/2024[2012-13]Status: DisposedITAT Pune30 May 2025AY 2012-13

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2483/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Mr. Vikas Jayram Bhukan, Vs. Ito, Ward-12(3), Pune. Survey No.34, House No.80, Azad Chowk, Opposite Ramma, Lohegaon, Near Gram Panchayat, Pune- 411047. Pan : Alqpb0811K Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By : Shri Kumar Manish Singha Date Of Hearing : 08.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstance Prevailing In The Case & As Per Provisions & Scheme Of The Act It Be Held That The Notice For Levy Of Penalty Was Defective Since No Specific Charge Of Violation, Was Made Out In The Notice & Thus The Consequent Penalty So Levied Be Kindly Deleted.

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Kumar Manish Singha
Section 271(1)(c)Section 274

order dated 23.09.2015 the Assessing Officer imposed penalty u/s 271(1)(c) of the IT Act of Rs.13,44,580/-. 4. In first appeal, after considering the reply of the assessee, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee by observing as under :- “5.1 The grounds