← 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

P and R Agri Energy Private Limited, Chandigarh vs. Income Tax Officer, Chandigarh

The appeals stand allowed for statistical purposes

ITA 808/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh03 Jul 2025AY 2011-12

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No. 807/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2010-11) & 2. आयकरअपीलसं./ Ita No. 808/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2011-12) M/S P&R Agri Energy Pvt. Ltd. Ito Ward 4(4) 2Nd Floor Quiet Office No.7 Room No.528 5Th Floor बनाम/ Vs. Sector 35-A Chandigarh Aaykar Bhawan Sector 17-D, Chandigarh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecp-9841-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri V.K. Aggarwal– Ld. Ar ""थ"कीओरसे/Respondent By : Dr Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 02-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 03-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Twin Appeals By Assessee For Assessment Years (Ay) 2010- 11 & 2011-12 Have Identical Facts. The Appeal For Ay 2010-11 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 11-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3)

For Appellant: Shri V.K. Aggarwal– Ld. ARFor Respondent: Dr Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 68

this year, Ld. AO made addition u/s 68 for Rs.134.25 Lacs. The assessee remained non-compliant during first appeal and accordingly, the assessment was confirmed by Ld. CIT(A). The assessment as well as appellate order for AY 2011-2 is on similar lines. Aggrieved, the assessee is in further ... appeals. 2. The Ld. AR drew attention to the documents as placed in the paper- book and stated that various documents were filed during first appeal which were not, at all, considered by Ld. CIT(A). The Ld. AR stated that the assessee is in a position to substantiate

P and R Agri Energy Private Limited, Chandigarh vs. Income Tax Officer, Chandigarh

The appeals stand allowed for statistical purposes

ITA 807/CHANDI/2024[2010-11]Status: DisposedITAT Chandigarh03 Jul 2025AY 2010-11

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No. 807/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2010-11) & 2. आयकरअपीलसं./ Ita No. 808/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2011-12) M/S P&R Agri Energy Pvt. Ltd. Ito Ward 4(4) 2Nd Floor Quiet Office No.7 Room No.528 5Th Floor बनाम/ Vs. Sector 35-A Chandigarh Aaykar Bhawan Sector 17-D, Chandigarh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecp-9841-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri V.K. Aggarwal– Ld. Ar ""थ"कीओरसे/Respondent By : Dr Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 02-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 03-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Twin Appeals By Assessee For Assessment Years (Ay) 2010- 11 & 2011-12 Have Identical Facts. The Appeal For Ay 2010-11 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 11-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3)

For Appellant: Shri V.K. Aggarwal– Ld. ARFor Respondent: Dr Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 68

this year, Ld. AO made addition u/s 68 for Rs.134.25 Lacs. The assessee remained non-compliant during first appeal and accordingly, the assessment was confirmed by Ld. CIT(A). The assessment as well as appellate order for AY 2011-2 is on similar lines. Aggrieved, the assessee is in further ... appeals. 2. The Ld. AR drew attention to the documents as placed in the paper- book and stated that various documents were filed during first appeal which were not, at all, considered by Ld. CIT(A). The Ld. AR stated that the assessee is in a position to substantiate