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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

Vishwambhar Shankar Shinde, Mumbai vs. DCIT Central Cirle -2, Thane

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

ITA 6750/MUM/2024[2020-21]Status: DisposedITAT Mumbai14 Feb 2025AY 2020-21

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Vishwambhar Shankar Shinde Dcit Central Circle Thane 6Th Floor, Room No. 13, A Wing, 105-106, Jadhav Market, Behind Canara Bank, Badlapur (W), Thane – Vs. Ashar It Park, Road No. 16-Z, 421503. Wagle Indl, Estate, Thane – 400604. Pan/Gir No. Awnps4932N (Assessee) : (Respondent) Assessee By : Shri. Sunil Tiwari Respondent By : Shri. Prashant Barate, Sr. Dr Date Of Hearing : 12.02.2025 Date Of Pronouncement : 14.02.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals), Pune – 11 (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S. 250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2020-21. 2. The Assessee Has Challenged The Ld. Cit(A)’S Order In Not Condoning The Delay In Filing The Appeal Before The First Appellate Authority. 3. Briefly Stated The Assessee Is An Individual & Proprietor Of M/S. Kiran Diagnostics Centers. The Assessee Had Filed His Return Of Income Dated 16.12.2020, Declaring Total Income At Rs. 71,97,910/-. Pursuant To The Survey Action Conducted In Assessee’S Case Vishwambhar Shankar Shinde

For Appellant: Shri. Sunil TiwariFor Respondent: Shri. Prashant Barate, SR. DR
Section 133ASection 143(2)Section 144Section 250Section 68

file of the ld. CIT(A) for adjudicating the issue on the merits of the case by duly condoning the delay in filing the first appeal by adhering to the principles of natural justice and in the interest of justice dispensation. We also note that various High Courts