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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

Arham Star, Mumbai vs. ITO Ward 19(2)(2), Piramal Chamber

In the result, appeal of the assessee is partly allowed

ITA 2427/MUM/2025[2010-11]Status: DisposedITAT Mumbai26 Sept 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2010-11 Arham Star Income-Tax Officer, Cw-2090, Bharat Diamond Ward - 19(2)(2), Bourse, Bandra Kurla Mumbai Vs. Complex, Mumbai - 400051 (Pan: Aaafs5695M) (Appellant) (Respondent) Present For: Assessee : Shri Rahul Sarda, Advocate Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 13.08.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Cit (A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1075308198(1), Dated 30/03/2025 Passed Against The Assessment Order By Income-Tax Officer, 19(1)(1), Mumbai, U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 22.12.2017 For Assessment Year 2010-11. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Nfac Failed To Appreciate That The Purchases Made By The Appellant Were Genuine & Supported By Documentary Material Including The Corroboration Of Sales Made From Such Purchases & There Was Not Material To Show That The Purchases Were Not Genuine & Hence, The Same Could Not Have Been Disallowed. 2. The Nfac Erred In Upholding The Addition On The Basis Of Generalized Statements In The Assessment Order Without The Assessing Officer Having Conducted Any Enquiry In The Matter.

For Appellant: Shri Rahul Sarda, AdvocateFor Respondent: Shri Surendra Mohan, Sr. DR
Section 144Section 148

Assessing Officer thus, made the disallowance of the 100% of the purchase amount which was alleged to be bogus. 3.3. In the first appeal, assessee reiterated its submissions made in the course of assessment proceedings along with corroborative documentary evidences. Further, assessee also asserted that the disallowance was made

Shivam Jewelmart Private Limited, Delhi vs. DCIT, Central Circle-14, Delhi

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

ITA 2508/DEL/2025[2017-18]Status: DisposedITAT Delhi26 Sept 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandrashivam Jewelmart Private Vs Dcit Limited. 1094/1167, 3Rd Floor Central Circle-14 Kuchamahajani, New Delhi Ara Centre, Jhandewalan, Pan: Aaqcs3302Q Delhi Appellant Respondent Assessee By Sh. Neeraj Mangla, Ca Revenue By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 25/09/2025 Date Of Pronouncement 26/09/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals) - Delhi, 26 (‘Ld. Cit (A)’ For Short), Dated 20/08/2024 For The Assessment Year 2017-18. 2. There Is A Delay Of 169 Days In Filing The Present Appeal. The Assessee Filed An Affidavit Explaining The Delay In Filing The Appeal

Section 115BSection 143(3)Section 147Section 69A

days in filing the present Appeal. The Assessee filed an affidavit explaining the delay in filing the Appeal contending that while filing the first appeal before the Ld. CIT(A) e- mail id of the Chartered Accountant has been mentioned in Form No. 35 however, after passing the order ... present Appeal. The Assessee in the Affidavit for condonation of delay contended that the delay in filing the Appeal contending that while filing the first appeal before the Ld. CIT(A) e-mail id of the Chartered Accountant has been mentioned in Form No. 35 however, after passing the order

Income Tax Officer 1(1)(1), Kanpur vs. Ajay Kumar Gupta, Kanpur

In the result, ITA No.427/LKW/2024 is allowed for statistical purposes while CO No

ITA 427/LKW/2024[2017-18]Status: DisposedITAT Lucknow25 Sept 2025AY 2017-18

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Income Tax Officer-1(1)(1), Vs. Ajay Kumar Gupta, Kanpur, U.P. 51/92C, Naya Ganj, Kanpur Pan: Abkpg5651J (Appellant) (Respondent) C.O. No.26/Lkw/2024 In A.Y. 2017-18 Ajay Kumar Gupta, Vs. Income Tax Officer-1(1)(1), 51/92C, Naya Ganj, Kanpur Kanpur, U.P. Pan: Abkpg5651J (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 04.09.2025 Date Of Pronouncement: 25.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Appeal & Cross Objection Have Been Filed By The Revenue & The Assessee Respectively, Against The Orders Of The Ld. Cit, Nfac Passed Under Section 250 Of The Income Tax Act, 1961 On 10.05.2024, Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Orders Of The Ao Under Section 147 R.W.S. 144 Passed On 30.03.2022. The Grounds Of Appeal Are As Under:- “1. Ld. Commissioner Of Income Tax (Appeal) Has Erred In Law & On Facts In Accepting The Contention Of The Assessee That The Proceedings Made U/S 147 Is Not In Accordance With Law. 2. Ld. Commissioner Of Income Tax (Appeal) Has Erred In Law & On Facts In Deleting The Addition Made By The Ao On Account Of Unexplained Money U/S 69A Of Income Tax Act, 1961 Deposited During The F.Y.2016-17 Without Appreciating That The Ao Has 1 Co No.26/Lkw/2024 Ajay Kumar Gupta A.Y. 2017-18

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 142(1)Section 144Section 144BSection 147Section 148Section 250Section 69A

time to time and tax liabilities had been paid regularly. However, it is seen that the entire discussions during the course of assessment and first appeal centered around whether the assessee had an account at Axis Bank Limited, Ellisbridge, Ahmedabad or not, whereas the focus of the assessment ought

Lintas Employees Health Assistance Trust, Mumbai vs. Income Tax Officer Ward 25(2)(1), Mumbai

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

ITA 4364/MUM/2025[2019-20]Status: DisposedITAT Mumbai25 Sept 2025AY 2019-20

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2019-20 Lintas Employees Health Income-Tax Officer, Assistance Trust Ward – 25(2)(1), 13Th Floor, Express Towers Mumbai Nariman Point, Vs. Mumbai – 400021 (Pan: Aaatl0325M) (Appellant) (Respondent) Present For: Assessee : Shri Prakash Jotwani & Ms Priya Gada, Advocates Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 14.08.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Addl/Jcit (A)-1, Hyderabad Vide Order No. Itba/Apl/S/250/2024- 25/1074797264(1), Dated 21.03.2025 Passed Against The Intimation Issued By The Central Processing Centre Of The Department, Bengaluru (Cpc) U/S. 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 12.05.2020 For Assessment Year 2019-20. 2. Grounds Taken By The Assessee Are Reproduced As Under: Ground No. 1: Erred In Not Condoning Delay In Filing The Appeal The Ld. Cit(A) Erred In Dismissing The Appeal Without Considering The Merits Of The Case & Erred In Not Condoning The Delay Of 964 Days In Filing The Appeal

For Appellant: Shri Prakash Jotwani and Ms Priya Gada, AdvocatesFor Respondent: Shri Surendra Mohan, Sr. DR
Section 10(15)Section 10(35)Section 143(1)

income. 4.1. Assessee moved an appeal before the ld. CIT(A) with a petition for condonation of delay of 968 days while filing the first appeal. Ld. CIT(A) took note of the affidavit explained the sufficient cause for the delay of 968 in filing the first appeal before ... erred in dismissing the appeal without considering the merits of the case and not condoning the delay of 968 days in filing the first appeal. In this respect, it is important to note that the intimation u/s. 143(1) was issued on 12.05.2020 which is the period when the pandemic