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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

Evroy Infraventures Pvt. Ltd., Kanpur vs. ACIT-CC-2, Kanpur

The appeal of the assessee stands partly allowed

ITA 260/LKW/2024[2019-20]Status: DisposedITAT Lucknow30 Jun 2025AY 2019-20

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2019-20 Evroy Infraventures Pvt. Ltd. V. Acit C-48, Kalyanpur Central Circle 2 Kanpur Kanpur Tan/Pan:Aadce4237F (Appellant) (Respondent) Appellant By: Shri Akshay Gupta, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.02.2024, Passed By The Ld. Commissioner Of Income Tax (Appeal), Kanpur – 4 (Ld. Cit(A)) For Assessment Year 2019-20. 2.0 The Brief Facts Of The Case Are That A Search & Seizure Operation Under Section 132 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) Was Carried Out On 17.01.2019 In Dr. M.C. Sharma, S.P.M. Hospital & Trauma Centre Group Of Cases & Also In The Case Of The Assessee’S Firm. The Assessee Is Engaged In The Business Of Infrastructure Development & Other Related Work. The Assessee Filed Its Return Of Income For The Year Under Consideration On 27.05.2020, Declaring A Total Income Of Rs.71,940/-. During The Course Of Search & Seizure Operation

For Appellant: Shri Akshay Gupta, C.AFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 132Section 143(3)Section 271A

made by the Assessing officer("Ld. AO") treating the amount as suppressed sales and not appreciating the facts and explanation submitted during the first appeal proceedings and referring the case to Ld. AO 4. With regard to the addition of Rs.18,04,407/-, the Ld. CIT(A) has erred