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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

Mr. Anil Bherumal Kalal, Mumbai vs. ITO -19(2)(1), Mumbai

In the result, substantial ground of appeal raised by assessee is allowed

ITA 1189/MUM/2025[2006-07]Status: DisposedITAT Mumbai21 Apr 2025AY 2006-07

Bench: Shri Pawan Singh(Physical Hearing) Mr. Anil Bherumal Kalal Ito – 19(2)(1), Mumbai A-602, Pooja Enclave, S T Braz Road, Kautilya Bhavan, Bkc, Vs. Behind Nanavati Hospital, Vile Parle Bandra (East), Mumbai – West, Mumbai-400056. 400051. Pan: Aabpk 3216 B (Appellant) (Respondent) Assessee By : Shri Subhash Chhajed, Ar Revenue By : Ms. Pradnya Gholap, Sr. Dr Date Of Hearing : 16.04.2025 Date Of Pronouncement : 16.04.2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A) Dated 30.12.2024 For A.Y. 2006-07. The Assessee Has Raised The Following Grounds Of Appeal: “Validity Of The Notice Under Section 143(2) Of The Act & The Assessment Thereunder: 1.A) On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) [Cit (A)] Erred In Upholding The Assessment For The Assessment Year 2006-07 Framed By The Learned Assessing Officer Without Complying With The Relevant Provisions Of The Law. B) It Is Respectfully Submitted That No Notice Under Section 143(2) Of The Act Was Served On The Appellant Within The Time Limits Prescribed Under Section 143(2) Of The Act. Accordingly, The Learned Assessing Officer Had No Jurisdiction To Proceed With Scrutiny Assessment Under Section 143(3) Of The Act. Thus, The Assessment Is Bad In Law & Deserves To Be Quashed & Struck Down As Null & Void. In View Of The Above, The Appellant Prays That The Assessment Be Set Aside As Bad In Law & Struck Down As Null & Void.

For Appellant: Shri Subhash Chhajed, ARFor Respondent: Ms. Pradnya Gholap, Sr. DR
Section 143(2)Section 143(3)Section 144Section 254(1)Section 54FSection 69

similar compensation from builder. On perusal of various screen shot of ITBA portal, I find that assessee furnished all such evidences during pendency of first appeal. No verification of fact was carried out by ld. CIT(A) about explanation of such source of investment. No adverse material was brought

Income Tax Officer, Ferozepur Cantt vs. Arozepal Sandhu, Village Ratta Khera

The appeal stand dismissed

ITA 422/ASR/2024[2018-19]Status: DisposedITAT Amritsar16 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm (Hybrid Hearing) आयकरअपील सं. / Ita No.422/Asr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Ito Ward 3(1) Shri Arozepal Sandhu बनाम/ 162-P, G.T.Road, (Prop M/S Babal Fuel Plaza) Vs. Ferozepur Cantt. Village Ratta Khera Punjab.152001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aarpm-5393-F (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Manpreet Singh Duggal – Ld. Sr. Dr ""थ"कीओरसे/Respondent By : Sh. Y.K. Sud (Ca) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 24-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals) Dated 14-06-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) On 07-04-2021. The Sole Grievance Of The Revenue Is Deletion Of Addition Of Rs.289.55 Lacs As Made By Ld. Ao U/S 68 Of The Act. Having Heard Rival Submissions & Upon Perusal Of Case Records, Our Adjudication Would Be As Under.

For Appellant: Sh. Manpreet Singh Duggal – Ld. Sr. DRFor Respondent: Sh. Y.K. Sud (CA) – Ld. AR
Section 143(3)Section 68

with respect to 4 parties and accordingly, the loans of Rs.289.55 Lacs were added as unexplained cash credit u/s 68. 3. During first appeal, the assessee furnished additional evidences to substantiate these loans which were subjected to remand report of Ld. AO. The assessee obtained loan from his parents

DCIT, Circle-1, Bathinda vs. Talwandi Sabo Power Ltd, Mansa

The appeal stand dismissed

ITA 232/ASR/2024[2014-15]Status: DisposedITAT Amritsar16 Apr 2025AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm (Hybrid Hearing) आयकरअपील सं. / Ita No.232/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) Dcit, Central Circle-1 M/S Talwandi Sabo Power Ltd. बनाम/ Vs. Bhatinda -151 001 Village Banawala, Mansa Talwandi Sabo Road, Punjab. 151302. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacct-6775-G (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Sh. Neeraj Jain, Sh. Deepesh Jain, (Advs) & Ms Aditi Garg, Ca – Ld. Ars Revenue By : Sh. Manpreet Singh Duggal – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2014-15 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Dated 22-03-2024 In The Matter Of Impugned [Enalty Levied By Ld. Ao U/S 271(1)(C) Vide Its Order Dated 31-01-2019. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Neeraj Jain, Sh. Deepesh Jain, (Advs) &For Respondent: Sh. Manpreet Singh Duggal – Ld. Sr. DR
Section 143(3)Section 271(1)(c)Section 37

commercial operation, Ld. AO held that remaining expenditure was also required to be capitalized. Finally, the assessment was framed which stood confirmed in first appeal vide order dated 04-10-2017. 3. Consequently, penalty proceedings were initiated against the assessee u/s 271(1)(c) which culminated into impugned penalty

Dy. Commissioner of Income Tax, Central Circle-1, Aurangabad vs. Sydler Remedies Pvt Ltd, Aurangabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1274/PUN/2024[2018]Status: DisposedITAT Pune09 Apr 2025

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1274/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Dcit, Central Circle-1, Vs. Sydler Remedies Pvt. Ltd., Aurangabad. M-190, Midc, Waluj, Aurangabad- 431002. Pan : Aaics3879E Appellant Respondent Revenue By : Shri Arvind Desai Assessee By Shri Kishor B. Phadke : Date Of Hearing 16.01.2025 : Date Of Pronouncement : 09.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 08.04.2024 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit (A) Has Erred In Law & In Facts By Deleting The Addition Made As Per Provisions Of Section 698 R.W.S. 115Bbe Of The 1.T. Act On Declaration Made Of Rs. 5,88,00,000/- On Account Of Excess Stock Found During Survey For Which Assessee Failed To Offer Any Satisfactory Explanation During The Survey As Well As Assessment Proceedings.

For Respondent: Shri Arvind Desai
Section 115BSection 131Section 133ASection 142(1)Section 143(2)Section 143(3)Section 37Section 698Section 69B

amount of Rs.5,88,00,000/- to the total income of the assessee u/s 69B of the IT Act along-with other additions. In first appeal, after considering the submissions of the assessee, Ld. CIT(A) deleted the whole of the addition of Rs.5

Priya Prasad Shirodkar, Calangute vs. Income Tax Officer, Ward 2(1), Panaji

ITA 53/PAN/2025[2020-21]Status: DisposedITAT Panaji08 Apr 2025AY 2020-21

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 053/Pan/2025 Assessment Year : 2020-21 Priya Prasad Shirodkar H.No. 4/96, Prabhuwaddo, Calangute, Goa Pan : Akipg9924D . . . . . . . Appellant V/S Income Tax Officer, Ward-2, Panaji, Goa. . . . . . . . Respondent Appearances Assessee By : None For The Assessee Revenue By : Mr Narendra Reddy [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 07/04/2025 घोषणा की तारीख / Date Of Pronouncement : 08/04/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order 1065516948(1) Dt. 10/06/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 26/09/2022 Passed U/S 143(3) Of The Act By The National Faceless E-Asstt. Centre, Delhi [‘Ld. Nfeac’ Hereinafter] Anent To Assessment Year 2020-21 [‘Ay’ Hereinafter].

For Appellant: None for the AssesseeFor Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 143(1)Section 143(3)Section 250Section 250(6)Section 251(1)(a)Section 251(2)Section 253(3)

against the returned income of ₹16,06,900/-. 4. Aggrieved assessee attempted to resolve the dispute in first appeal before the Ld. NFAC, who in the event of non-prosecution by the assessee dismissed the ex-parte in limine. Thus aggrieved by impugned order, the assessee came in present appeals