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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

Nardeep Singh, Hoshiarpur vs. Income Tax Officer Ward, Dasuya

The appeal stand allowed for statistical purposes

ITA 637/ASR/2024[2009-10]Status: DisposedITAT Amritsar16 Oct 2025AY 2009-10

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकर अपील सं. / Ita No. 637/Asr/2024 (िनधा"रण वष" / Assessment Year: 2009-10) Shri Nardeep Singh Ito बनाम/ 104, Vill Baghiarhi, Ward Dasuya Tehsil Dasuya, Hoshiarpur Punjab-144203 Vs. Punjab-144203 "ायी लेखा सं./Pan. Ckbps-0506-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Sandeep Vijh (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Charan Dass (Addl. Cit)- Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 14-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 16/10/2025 आदेश / O R D E R

For Appellant: Shri Sandeep Vijh (CA) – Ld. ARFor Respondent: Shri Charan Dass (Addl. CIT)- Ld. Sr. DR
Section 144Section 251(1)(a)

remanded the matter back to the file of Ld. AO without adjudicating vital legal issues as raised by the assessee during first appeal. 2. We find that in the assessment order, Ld. AO made addition of Rs.28.50 Lacs. The assessee did not file return of income and accordingly, the case ... vide para 6, set aside the assessment back to the file of Ld. AO in terms of Sec.251(1)(a). During first appeal, the assessee had filed detailed written submissions on 12-06-2019 and 18-05-2023 wherein the assessee raised pertinent legal ground assailing the jurisdiction