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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

Bhanupratap Santprasad Singh, Parbhani Maharashtra vs. Income Tax Officer, Ward Hingoli, Parbhani, Maharashtra

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

ITA 251/PUN/2024[2018-19]Status: DisposedITAT Pune23 Oct 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.251/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Bhanupratap Santprasad Vs. Ito, Ward- Hingoli, Singh, Parbhani. Pandharkar Niwas, Dnayneshwar Nagar, Parbhani- 431401. Pan : Awgps7884J Appellant Respondent Assessee By : Shri Darshan R Gattani Revenue By : Shri Keyur Patel Date Of Hearing : 07.08.2024 Date Of Pronouncement : 23.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.12.2023 Passed By Ld. Addl./Jcit(A)-3, Bengaluru For The Assessment Year 2018-19 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Cit(Appeals) Has Erred In Upholding The Addition Of Rs.30,46,456/- Made By The Centralized Processing Centre (Cpc) On Account Of Disallowance U/S 43B For Non-Payment Of Service Tax, Even Though Neither The Tax Amount Was Received From The Customer Nor Was The Service Tax Amount Debited To Profit & Loss Account. Therefore, The Same May Be Deleted.

For Appellant: Shri Darshan R GattaniFor Respondent: Shri Keyur Patel
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

date mentioned u/s 36(1)(va) of the IT Act, 4. Aggrieved with the above adjustments/ disallowances made by the CPC, the assessee preferred first appeal before the ld. Addl./JCIT(A)-3, Bengaluru. After considering the reply of the 3 assessee and various case laws, the ld. Addl./JCIT

Jaynt Vasudeo Aradhye, Solapur vs. DCIT, Circle-1, Solapur

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

ITA 683/PUN/2024[2022-23]Status: DisposedITAT Pune21 Oct 2024AY 2022-23

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

For Appellant: Shri Deepak Chintaman Gadgil
Section 10Section 10ASection 115BSection 143(1)Section 155BSection 16Section 23Section 24Section 32Section 32A

term capital loss of Rs.27,78,028/- was not allowed by the CPC while processing the return, without any valid reason. The assessee preferred first appeal before the ld. Addl./JCIT(A)-1, Coimbatore and furnished written submissions before him wherein it was submitted that the 3 short term capital ... this brought forward loss of Rs.27,78,028/-, which resulted in additional demand of income tax of Rs.9,96,750/-. In first appeal proceedings, ld. Addl./JCIT(A)-1, Coimbatore has dismissed the appeal of the assessee by referring to section 115BAC(2)&(3) wherein it has been mentioned that