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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

Vedic Educational Society, C/O Arya Public and Bachpan School vs. Income Tax Officer, Ward Exemptions, Ambala

The appeal stands allowed for statistical purposes

ITA 431/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh09 Dec 2025AY 2020-21

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.431/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2020-21) Vedic Educational Society Ito Ward Exemptions, Ambala बनाम/ C/O Arya Public & Bachpan School Aaykar Bhawan, Ambala Opp. Obc Bank, Shahbad Markanda Haryana - 133001 Vs. (Haryana) - 136135 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aaalv-0323-R (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. B.M. Monga (Advocate) & Sh. Rohit Kaura (Advocate) – Ld. Ars ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 09.12.2025 घोषणाकीतारीख /Date Of Pronouncement 09.12.2025 :

For Appellant: Sh. B.M. Monga (Advocate) and Sh. Rohit KauraFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 10Section 143(1)Section 154

against which the assessee is in further appeal before us. 2. The Ld. AR drew attention to the fact that subsequent to filing of first appeal, a rectification order has been passed by CPC u/s 154 vide CPC/2021/U7/378289407 dated 15-11-2023 deleting the demand as raised against the assessee ... appeal. The Ld. Sr. DR could not controvert the said position. 3. In view of the pertinent fact that the assessee sought withdrawal of first appeal, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) to reconsider assessee’s withdrawal application

Shri Gajanan Nagari Sahakari Patsanstha Maryadit, Satara vs. ITO, Ward-1(1), Kolhapur

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

ITA 2077/PUN/2025[2020-21]Status: DisposedITAT Pune09 Dec 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2077/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-21 Shri Gajanan Nagari Vs. Ito, Ward-1(1), Sahakari Patsanstha Kolhapur. Maryadit, Malakpur, Tal- Karad, Dist.- Satara, Karad- 415110. Pan : Aabas8429B Appellant Respondent Assessee By : None Revenue By : Shri Vinod Pawar Date Of Hearing : 28.10.2025 Date Of Pronouncement : 09.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.07.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) Ground No. 1- Addition Of Rs. 2,14,62,523/- As Unexplained Cash Credit (U/S 68) On The Facts & Circumstances Of The Case & In Law, The Learned Ao Erred In Making An Addition Of Rs. 2,14,62,523/- On Account Of Unexplained Unsecured Loans Without Considering The Nature Of Deposits.

For Appellant: NoneFor Respondent: Shri Vinod Pawar
Section 143(3)Section 68Section 80PSection 80P(2)(a)Section 80P(2)(d)

information desired by the Assessing Officer therefore the addition of Rs.2,14,62,523/- was made due to increase in unsecured loans. In first appeal proceedings, Ld. CIT(A)/NFAC admitted additional evidences filed by the assessee and set-aside the order on the issue of addition of Rs.2