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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

Mcg Manufacturing Co Private Limited, Zakir Nagar, South East Delhi vs. Income Tax Officer, Ward 16(3), Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1255/DEL/2025[2017-18]Status: DisposedITAT Delhi13 Aug 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.1255/िद"ी/2025 (िन.व. 2017-18) Mcg Manufacturing Co. P. Ltd., 169, Sukhdev Vihar, New Friends Colony, ...... अपीलाथ"/Appellant S.O Zakir Nagar, Delhi 110025 Pan: Aajcm-4917-C बनाम Vs. Income Tax Officer, Ward-16(3), ..... "ितवादी/Respondent Cr Building, Delhi 110002 अपीलाथ" "ारा/Appellant By : S/Shri Pranav Yadav, Advocate Amit Goyal, Chartered Accountant & Ankit Garg, Advocate "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 20/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 13/08/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 20.01.2025, For Assessment Year 2017-18. 2. Shri Pranav Yadav, Appearing On Behalf Of The Assessee Submitted That Appeal Of The Assessee Is Squarely Covered By The Decision Of Hon’Ble Supreme Of India In The Case Of Union Of India Vs Rajeev Bansal 469 Itr 46 (Sc). He Further Placed Reliance On The Decision In The Case Of Communist Party Of India (Marxist)

For Appellant: S/Shri Pranav Yadav, AdvocateFor Respondent: Shri Manoj Kumar, Sr. DR
Section 147Section 148

assessment order dated 12.05.2023 passed u/s. 147 r.w.s. 144B of the Income Tax Act,1961(hereinafter referred to as ‘the Act’). The assessee in first appeal inter alia assailed validity of assessment proceedings on the ground of invalid notice issued u/s.148 of the Act. The CIT(A) without adjudicating jurisdictional

Rajesh Baburao Shinde, Parbhani vs. ITO, Ward- Hingoli, Hingoli

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

ITA 781/PUN/2025[2015-16]Status: DisposedITAT Pune12 Aug 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.781/Pun/2025 िनधा"रण वष" / Assessment Year : 2015-16 Rajesh Baburao Shinde, Vs. Assessment Unit, Income Sayala Khating, Tq. Dist. Tax Department, Nfac, Parbhani- 431402. Delhi. Pan : Czcps6546Q Appellant Respondent Assessee By : Shri Shubham N. Rathi Revenue By : Shri Akhilesh Srivastva Date Of Hearing : 22.07.2025 Date Of Pronouncement 12.08.2025 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. There Is Delay In Filing Of The Present Appeal. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Prescribed Time Limit. After

For Appellant: Shri Shubham N. RathiFor Respondent: Shri Akhilesh Srivastva
Section 142(1)Section 145Section 148Section 148ASection 151ASection 69A

income u/s 139(1) of the IT Act, the assessee did not reply to the show cause notice issued by the Assessing Officer, the first appeal was filed belatedly, however the delay was condoned by Ld. CIT(A)/NFAC and even after that the assessee remained absent ... total income of Rs.53,46,660/- after making addition of Rs.51,11,900/- u/s 69A of the IT Act being unexplained money. In first appeal proceedings before Ld. CIT(A)/NFAC, the assessee remained absent consequently the appeal was dismissed by an ex-parte order however Ld. CIT(A)/NFAC

Mettur Municipality, Salem vs. ITO (TDS), Salem

In the result both the appeals of the assessee are allowed

ITA 759/CHNY/2025[2024-25]Status: DisposedITAT Chennai12 Aug 2025AY 2024-25

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 758 & 759/Chny/2025 धनिाारण वर्ा / Assessment Year: 2023-24, 2024-25 Mettur Municipality Income Tax Officer (Tds) Salem. Municipality Office Road, Mettur Dam, Vs. Salem – 636 401. Tamil Nadu [Pan: Aaalm2764R] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. S. Bhupendran, Advocate. प्रत्यथी की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 04.06.2025 घोर्णा की तारीख/Date Of Pronouncement : 12.08.2025

For Appellant: Shri. S. Bhupendran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 194ASection 194A(3)(iii)Section 201

case of TUFIDCO itself holding that interest received from local bodies do not represent the income of TUFIDCO. 8. During the course of first appeal proceedings, the Additional/Joint Commissioner of Income Tax (Appeals)-2, Mumbai issued a single hearing notice dated 06/01/2025 granting time till 21.01.2025. In response, the assessee ... applying it; 22. Further, the Learned First Appellate Authority also erred in not considering the Right to Information Manual of TUFIDCO filed during First Appeal, where several details on the functioning of TUFIDCO including the schemes undertaken by it are mentioned. [Page Nos. 19 to 62 of both Paper-books

Mettur Municipality, Salem vs. ITO (TDS), Salem

In the result both the appeals of the assessee are allowed

ITA 758/CHNY/2025[2023-24]Status: DisposedITAT Chennai12 Aug 2025AY 2023-24

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 758 & 759/Chny/2025 धनिाारण वर्ा / Assessment Year: 2023-24, 2024-25 Mettur Municipality Income Tax Officer (Tds) Salem. Municipality Office Road, Mettur Dam, Vs. Salem – 636 401. Tamil Nadu [Pan: Aaalm2764R] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. S. Bhupendran, Advocate. प्रत्यथी की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 04.06.2025 घोर्णा की तारीख/Date Of Pronouncement : 12.08.2025

For Appellant: Shri. S. Bhupendran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 194ASection 194A(3)(iii)Section 201

case of TUFIDCO itself holding that interest received from local bodies do not represent the income of TUFIDCO. 8. During the course of first appeal proceedings, the Additional/Joint Commissioner of Income Tax (Appeals)-2, Mumbai issued a single hearing notice dated 06/01/2025 granting time till 21.01.2025. In response, the assessee ... applying it; 22. Further, the Learned First Appellate Authority also erred in not considering the Right to Information Manual of TUFIDCO filed during First Appeal, where several details on the functioning of TUFIDCO including the schemes undertaken by it are mentioned. [Page Nos. 19 to 62 of both Paper-books