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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

Advik Hi Tech Pvt Ltd, Pune vs. Dy.Comm.of Income Tax, Circle 8, Pune, Akurdi Pune

In the result, the cross appeal filed by the Revenue in ITA

ITA 1158/PUN/2023[2020-21]Status: DisposedITAT Pune18 Feb 2025AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

For Appellant: Shri Sharad A. Shah &For Respondent: Shri Amol Khairnar
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 35Section 35(1)Section 80GSection 80I

complied with all the conditions for obtaining Form 3CL from DSIR but the same was not issued by DSIR even till the completion of first appeal proceedings. Ld. AR submitted before us that now Form 3CL has been received by the assessee and the same is being produced before ... assessee could not produce Form 3CL before the Assessing 13 ITA No.1158/PUN/2023 [A] ITA No.1330/PUN/2023 [R] Officer, the above deduction was disallowed. Even in first appeal, Form 3CL was not furnished by the assessee, therefore, Ld. CIT(A)/NFAC confirmed the disallowance of Rs.13,46,18,011/-. We find

Bindya Ashok Dwara, Dubai, Uae vs. Commissioner of Income Tax (Appeals), Delhi

In the result, the appeal filed by the Assessee stands allowed for statistical purposes

ITA 4543/MUM/2024[2011-12]Status: DisposedITAT Mumbai18 Feb 2025AY 2011-12

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2011-12 Mrs. Bindya Ashok Dwara, Commissioner Of Income Flat No.204, Building 9, Tax (Appeals), Foxhill 9, Motor City, Government Of India, Dubai – 124055 Vs. Ministry Of Finance, Pan: Aknpd9713A Income Tax Department, National Faceless Appeal Centre (Nfac), Delhi – 110001 (Appellant) (Respondent) Present For: Assessee By : Shri Harman Sodhi, Ld. A.R. Revenue By : Ms. Monika H. Pande, Ld. Sr. D.R. Date Of Hearing : 18 . 12 .2024 Date Of Pronouncement : 18.02.2025 O R D E R

For Appellant: Shri Harman Sodhi, Ld. A.RFor Respondent: Ms. Monika H. Pande, Ld. Sr. D.R
Section 139(1)Section 147Section 148Section 250Section 69

return of income. However, the Assessee on getting information about the passing of the assessment order and the making of addition, though preferred first appeal before the Ld. Commissioner with a delay of more than six years but did not file any appropriate application seeking such condonation of delay ... filing of the first appeal. The Assessee also filed new/additional evidences before the Ld. Commissioner but without filing appropriate application under rule 46A of the Income Tax Rules, 1962 (in short “the Rules”). Therefore, the Ld. Commissioner was constrained not to condone the delay and not to entertain the additional