← 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

J C Biotech Private Limited, Hyderabad vs. Deputy Commissioner of Income Tax, Circle - 2(1), Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 9/HYD/2024[2019-20]Status: DisposedITAT Hyderabad27 Feb 2024AY 2019-20

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 9/Hyd/2024 (निर्धारण वर्ा / Assessment Year: 2019-20) Jc Biotech Private Limited, Deputy Commissioner Of Hyderabad Vs. Income Tax, [Pan: Aabcj3804B] Circle-2(1), Hyderabad अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध / Assessee By: Shri A.V. Raghuram, Ar रधजस्‍व द्वधरध / Revenue By: Shri Shakeer Ahamed, Dr सुिवधई की तधरीख/Date Of Hearing: 13/02/2024 घोर्णध की तधरीख/Pronouncement On: 27/02/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Dated 12/12/2023 Passed By The Addl/Jcit (Appeals)-12, Mumbai, In The Case Of Jc Biotech Private Limited (“The Assessee”) For The Assessment Year 2019-20, Assessee Preferred This Appeal.

For Appellant: Shri A.V. Raghuram, ARFor Respondent: Shri Shakeer Ahamed, DR
Section 115JSection 143(1)Section 143(1)(a)Section 43B

appears Page 3 of 5 that the assessee, without filing any such response pursuant to the intimation as contemplated under 2nd proviso, instituted the first appeal on 08/06/2020. Grievance of the assessee was ventilated well within thirty days, but before a wrong forum. No malafides are attributable to the assessee

Nimmagadda Sridevi, Secunderabad vs. Dy. Commissioner of Income, Circle - 3(2), Basheerbagh, Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 4/HYD/2024[2011-12]Status: DisposedITAT Hyderabad26 Feb 2024AY 2011-12

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 4/Hyd/2024 (निर्धारण वर्ा / Assessment Year: 2011-12) Nimmagadda Sridevi, Deputy Commissioner Of Secunderabad Vs. Income Tax, [Pan: Actpn4924B] Circle-3(2), Hyderabad अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध / Assessee By: Shri K.A. Sai Prasad, Ar रधजस्‍व द्वधरध / Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/02/2024 घोर्णध की तधरीख/Pronouncement On: 26/02/2024

For Appellant: Shri K.A. Sai Prasad, ARFor Respondent: Shri Kumar Aditya, DR

assessee preferred this appeal with a delay of four days. 2. At the outset, learned AR submitted that all the notices in the first appeal were sent by e-mail to the Chartered Accountant, who was representing assessee before the learned CIT(A), but such a Chartered Accountant not having ... learned CIT(A), failed to properly respond to such notices and did not inform the assessee intime, and that is the reason why the first appeal was decided ex parte. Learned AR also submitted that the order of the first appellate authority in the said case was received