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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

Pradeep Sharda, Dehradun vs. ACIT, Dehradun

In the result, the appeal of the assessee is allowed

ITA 223/DDN/2025[2017-18]Status: DisposedITAT Dehradun25 Mar 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2017-18] Pradeep Sharda Vs Acit 7, Inder Road, Dehradun Circle-1(2)(1) Uttarakhand -248001 Dehradun Pan-Adwps5692K Uttarakhand Appellant Respondent Appellant By Shri Anil Jain, Adv. Respondent By Shri Amar Pal Singh, Sr.Dr Date Of Hearing 12.03.2026 Date Of Pronouncement 25.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 24.09.2025 Passed By Ld. Commissioner Of Income Tax (A)/Addl/Jcit(A)-1, Nashik [“Ld. Cit(A)”] In Appeal No. Cit(A), Dehradun/10344/2019-20 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 01.11.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Practicing Doctor & E-Filed His Return Of Income, Declaring Total Income Of Inr 2,16,70,906/- On 30.10.2017. The Assessment Was Completed U/S 143(3) Of The Act By Making Additions Of Inr 15,84,870/- Comprising Of The Disallowance U/S 40(A)(Ia) Of The Act Of Inr 5,05,195/- & Treating The Agricultural Income Of Inr 6,25,000/- As Unexplained Money U/S 69A Of The Act & Of Inr 4,54,675/- As The Addition U/S 68 Of The Act On Account Of Cash Credit.

Section 143(3)Section 250Section 40Section 68Section 69A

addition u/s 68 of the Act on account of cash credit. 3. In first appeal, Ld. CIT(A) has deleted the addition of INR 4,54,675/- made u/s 68 of the Act and confirmed the addition of INR 6,25,000/- made on account of agricultural income treated

Amrik Singh Through Legal Heir Kawalpreet Kaur, Ghaziabad vs. Income Tax Officer, Ward 1(5), Ghaziabad

In the result, the Appeal of the Assessee is partly allowed for statistical purpose

ITA 1366/DEL/2025[2014-15]Status: DisposedITAT Delhi18 Mar 2026AY 2014-15

Bench: Yogesh Kumar U.S. & Shri Manish Agarwalamrik Singh Through Legal Heir Vs Income Tax Officer, Ward Kawalpreet Kaur, 1(5), Ghaziabad, 206, Ground Floor, Niti Khand-1, Uttar Pradesh Indirapuram, Ghaziabad Pan: Achps0677E Appellant Respondent Assessee By None Revenue By Sh. Om Prakash, Sr. Dr Date Of Hearing 17/03/2026 Date Of Pronouncement 18/03/2026 Order Per Yogesh Kumar, U.S. Jm: This Appeal Is Filed By The Legal Heir Of The Assessee Challenging The Order Of The Commissioner Of Income Tax (Appeals)- Ghaziabad (‘Ld. Cit(A)’ For Short) Dated 31/08/2018 Pertaining To The Assessment Year 2014-15. 2. None Appeared For The Appellant. Considering The Issue Involved In The Present Appeal We Deem It Fit To Decide The Appeal On Hearing The Ld. Department'S Representative & Perused The Material Available On Record.

Section 143(3)

Appeal on merits. In view of the same, we hereby 4 Amrik Singh Vs. ITO condone the delay of three months in filing the First Appeal before the CIT(A) and restore the issue to the file of the CIT(A) and hereby direct the CIT(A) to provide opportunity ... being heard to the legal heirs of the Assessee and decide the First Appeal afresh in accordance with law. 10. In the result, the Appeal of the Assessee is partly allowed for statistical purpose. Order pronounced in the open court on 18th March, 2026 (MANISH AGARWAL) JUDICIAL MEMBER Date

Income Tax Officer Ward 6 (1), Mohali vs. Skycity Builders and Promoters Private Limited, Khrar Punjab

In the result, the corresponding grounds as raised by the revenue stand dismissed

ITA 1217/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh16 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1066/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Skycity Builders & Promoters Pvt. Ltd. Dcit Ward 6(1) बनाम/ Room No.3, 1St Floor Sco-90, City Heart Kharar-Chandigarh Road, Livestock Complex Vs. Kharar, Rupnagar (Punjab) - 140301 Sector – 68, Mohali -160062 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No.1217/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit Ward 6(1) M/S Skycity Builders & Promoters Pvt. Ltd. बनाम/ Room No.3, 1St Floor Sco-90, City Heart Livestock Complex Kharar-Chandigarh Road, Vs. Sector – 68, Mohali -160062 Kharar, Rupnagar (Punjab) - 140301 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 16.03.2026

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Yamini (CIT) - Ld. DR (Virtual)
Section 143(3)Section 148Section 68

Lacs was added to assessee’s income as unexplained expenditure and the assessment was framed which was subjected to assessee’s further challenge in first appeal wherein the assessee challenged the reopening of the assessment on legal grounds and also challenged quantum additions on merits. Appellate Proceedings 3.1 On legal

Skycity Builders and Promoters Private Limited, Kharar, Rupnagar vs. DCIT Ward 6(1), Chandigarh Jao ITO 6(1) Mohali, Chandigarh

In the result, the corresponding grounds as raised by the revenue stand dismissed

ITA 1066/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh16 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1066/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Skycity Builders & Promoters Pvt. Ltd. Dcit Ward 6(1) बनाम/ Room No.3, 1St Floor Sco-90, City Heart Kharar-Chandigarh Road, Livestock Complex Vs. Kharar, Rupnagar (Punjab) - 140301 Sector – 68, Mohali -160062 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No.1217/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit Ward 6(1) M/S Skycity Builders & Promoters Pvt. Ltd. बनाम/ Room No.3, 1St Floor Sco-90, City Heart Livestock Complex Kharar-Chandigarh Road, Vs. Sector – 68, Mohali -160062 Kharar, Rupnagar (Punjab) - 140301 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 16.03.2026

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Yamini (CIT) - Ld. DR (Virtual)
Section 143(3)Section 148Section 68

Lacs was added to assessee’s income as unexplained expenditure and the assessment was framed which was subjected to assessee’s further challenge in first appeal wherein the assessee challenged the reopening of the assessment on legal grounds and also challenged quantum additions on merits. Appellate Proceedings 3.1 On legal

B.A. International, Meerut vs. DCIT Circle-1(3)(1), Haridwar

In the result, the appeal of the assessee is allowed

ITA 53/DDN/2026[2012-13]Status: DisposedITAT Dehradun13 Mar 2026AY 2012-13

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2017-18] Sumit Kaur Vs Cit(Appeals)/ Ito C/O-Matta Garg & Co., 13A, Subhash 15, Astley Hall, Dehradun, Road, Dehradun Uttarakhand-248001 Uttarakhand Pan-Dmapk1959K Appellant Respondent Appellant By Shri S.K.Matta, Ca Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 13.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 23.12.2025 Passed By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 06.11.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Advocate By Profession & Return Of Income Was Filed On 21.08.2017, Declaring Total Income Of Inr 63,20,030/-. The Case Was Selected For Scrutiny & The Assessment Was Completed U/S 143(3) Of The Act Wherein Addition Of Inr 41 Lakhs Was Made By Holding The Investment Made In Fdr As Unexplained & Further Invoked The Provision Of Section 115Bbe Of The Act. 3. In First Appeal, Ld.Cit(A) Enhanced The Income & Confirmed The Addition Of Inr 60 Lakhs U/S 68 Of The Act By Holding That The Cash Deposited During Demonetization Period Is Unexplained & No Addition Is Sustained Towards The Investment In Fdr.

Section 115BSection 143(3)Section 250Section 68

made by holding the investment made in FDR as unexplained and further invoked the provision of section 115BBE of the Act. 3. In first appeal, Ld.CIT(A) enhanced the income and confirmed the addition of INR 60 Lakhs u/s 68 of the Act by holding that the cash deposited during

Sumit Kaur, Dehradun vs. Income Tax Office, Dehradun

In the result, the appeal of the assessee is allowed

ITA 33/DDN/2026[2017-18]Status: DisposedITAT Dehradun13 Mar 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2017-18] Sumit Kaur Vs Cit(Appeals)/ Ito C/O-Matta Garg & Co., 13A, Subhash 15, Astley Hall, Dehradun, Road, Dehradun Uttarakhand-248001 Uttarakhand Pan-Dmapk1959K Appellant Respondent Appellant By Shri S.K.Matta, Ca Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 13.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 23.12.2025 Passed By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 06.11.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Advocate By Profession & Return Of Income Was Filed On 21.08.2017, Declaring Total Income Of Inr 63,20,030/-. The Case Was Selected For Scrutiny & The Assessment Was Completed U/S 143(3) Of The Act Wherein Addition Of Inr 41 Lakhs Was Made By Holding The Investment Made In Fdr As Unexplained & Further Invoked The Provision Of Section 115Bbe Of The Act. 3. In First Appeal, Ld.Cit(A) Enhanced The Income & Confirmed The Addition Of Inr 60 Lakhs U/S 68 Of The Act By Holding That The Cash Deposited During Demonetization Period Is Unexplained & No Addition Is Sustained Towards The Investment In Fdr.

Section 115BSection 143(3)Section 250Section 68

made by holding the investment made in FDR as unexplained and further invoked the provision of section 115BBE of the Act. 3. In first appeal, Ld.CIT(A) enhanced the income and confirmed the addition of INR 60 Lakhs u/s 68 of the Act by holding that the cash deposited during