← All Phrases

“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

Income Tax Officer, Ward 1 Nanded, Nanded vs. Satyawan Arjunrao Shinde, Osmanabad

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

ITA 2109/PUN/2024[2018-19]Status: DisposedITAT Pune21 Feb 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2109/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-1, Nanded. Vs. Satyawan Arjunrao Shinde, Nagar Accident Hospital, Gore Complex, Samta Nagar, Osmanabad- 413501. Pan : Baeps8869J Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri B. P. Jaju Date Of Hearing : 02.12.2024 Date Of Pronouncement : 21.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.08.2024 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. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Failed To Appreciate The Facts That The Assessee Has Suppressed Professional Receipts Not Shown In His Itr, Ld. Cit(A)-12, Pune Vide Letter Dtd.02/01/2023 Directed That Penalty Proceedings U/S 270A Of The Act May Be Initiated By The Ao At The Time Of Giving Effect To The Appeal Order Dtd.28/11/2022. Accordingly Ao Initiated Penalty Proceedings As Per Clause (E) Of Sub-Section 9 Of Section 270A Of The Act.

For Appellant: Shri B. P. JajuFor Respondent: Shri Arvind Desai
Section 133ASection 2Section 270ASection 270A(1)Section 274Section 9

during the course of survey. We further find that the penalty u/s 270A was not initiated in the original assessment order. Even in first appeal proceedings, Ld. CIT(A) himself has not initiated the penalty u/s 270A of the IT Act. It was only when the Assessing Officer asked from ... such specific direction was given by Ld. CIT(A). Accordingly, we find that the penalty u/s 270A was not initiated in the first appeal order which was filed against the quantum assessment order but it was initiated while giving effect to the first appellate order in the quantum case

Ajit Kumar Jain, Gwalior vs. Assessing Officer, Assessment Unit NFAC

The appeals stand allowed for statistical purposes

ITA 510/AGR/2024[2015-16]Status: DisposedITAT Agra19 Feb 2025AY 2015-16

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.510/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 2. आयकरअपील सं. / Ita No.509/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Sh. Ajit Kumar Jain Ito 1(1) बनाम/ Parakhji Ka Bada, Sarafa Bazar Gwalior Vs. Lashkar, Gwalior – 474 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abmpj-1181-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ashok Vijayawargiya (Ca) – Ld. Ar " थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 19-02-2025

For Appellant: Shri Ashok Vijayawargiya (CA) – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR

various additions on best judgment basis and determined income at Rs.191.19 Lacs. Similar assessment was framed for AY 2017-18. Though the assessee preferred first appeal for both the years, it failed to make any representation therein which resulted into confirmation of assessments. Aggrieved, the assessee is in further appeal

Ajit Kumar Jain, Gwalior vs. Income Tax Officer Ward 1(1), Gwalior

The appeals stand allowed for statistical purposes

ITA 509/AGR/2024[2017-18]Status: DisposedITAT Agra19 Feb 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.510/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 2. आयकरअपील सं. / Ita No.509/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Sh. Ajit Kumar Jain Ito 1(1) बनाम/ Parakhji Ka Bada, Sarafa Bazar Gwalior Vs. Lashkar, Gwalior – 474 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abmpj-1181-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ashok Vijayawargiya (Ca) – Ld. Ar " थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 19-02-2025

For Appellant: Shri Ashok Vijayawargiya (CA) – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR

various additions on best judgment basis and determined income at Rs.191.19 Lacs. Similar assessment was framed for AY 2017-18. Though the assessee preferred first appeal for both the years, it failed to make any representation therein which resulted into confirmation of assessments. Aggrieved, the assessee is in further appeal