CIT v. Kanpur Coal Syndicate

53 ITR 225Supreme Court of India1964#211 most cited

What is CIT v. Kanpur Coal Syndicate authority for?

The Commissioner (Appeals) holds plenary powers when disposing of an appeal, with their scope being coterminous with the Assessing Officer. This allows the CIT(A) to exercise all powers of the AO, including admitting additional evidence and redetermining income.

359

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Kanpur Coal Syndicate · 53 ITR 225 · powers of Commissioner (Appeals) · plenary powers CIT(A) · scope of appellate authority · coterminous powers AO · admitting additional evidence appeal · appellate procedure · Section 246 powers · income-tax appeal

Issues it is cited on

Judgments citing CIT v. Kanpur Coal Syndicate

Bastuhara Sahayata Samiti, Kolkata vs. ITO, Ward 1(2)(Exemption), Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 444/KOL/2025[2016-17]Status: DisposedITAT Kolkata28 Jul 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 444/Kol/2025 Assessment Year: 2016-2017 Bastuhara Sahayata Samiti,……………….…Appellant 27/1B, Bidhan Sarani, Srimini Market, Kolkata-700006, West Bengal [Pan:Aaatb7422R] -Vs.- Income Tax Officer,……………………………..Respondent Ward-1(2), (Exemption), Kolkata, Office Of The Income Tax Officer, 10B, Middleton Row, Kolkata-700071 Appearances By: Shri S.K. Tulsian, Advocate & Ms. Puja Somani, C.A., Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 20, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 119(2)(b)Section 12ASection 142(1)Section 143(2)Section 143(3)

…to the issue in appeal were already in the assessment records. As decided in the case of CIT -vs.- Premkumar Arjundas Luthra (HUF) [2016] 240 taxmann 133 (Bom.)/(2017) 297 CTR 614(Bom.), relying on the Supreme Court decisions in CIT vs. Kanpur Coal Syndicate 53 ITR 225 (SC), CIT vs. Rai Bahadur Hardutroy Motilal Chamaria 66 ITR 443 and CIT vs. B.N. Bhattacharjee 118 ITR 461 (SC), the Ld. C.I.T.(A) is required to apply his mind to all issues which arise from the order appealed against before him and that he is obliged to dispose of the appeal on merits by passing a speaking order and deciding the points raised in…

Harsha, Jiwana Baghpat vs. Income Tax Officer Ward 1(5) Baraut, Baraut

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

ITA 3527/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Feb 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalincome Tax Officer, Harsha, Ward-1(5), Jiwana Baghpat-250611, Vs. Baraut. Uttar Pradesh. Pan-Adlph3085L (Appellant) (Respondent) Assessee By Shri R.K. Gaur, Ca Department By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 24/02/2025 Date Of Pronouncement 24/02/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) Vide Order U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”) Dated 01/11/2023 For The Asst. Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & During This Year Had Purchased An Agricultural Land Measuring 8.8200 Hectare In Auction Jointly With Five Other Persons At A Total Sale Consideration Of Rs.1,50,82,200/-. Beside This A Sum Of Rs. Harsha Vs. Ito 7,55,000/- Was Paid Towards Stamp Duty Making Total Cost Of Land Was At Rs. 1,65,92,000/-. As The Assessee Has Not Filed Any Return Of Income, The Reassessment Proceedings Were Initiated By Issue Of Notice U/S 148 On 29/03/2019. The Assessee Has Not Attended The Reassessment Proceedings & The Finally The Reassessment Order Was Passed U/S 144/147 Of The Act On 7/12/2019 Wherein The Ao Had Made The Addition Of Rs. 27,65,333/- Being His Share In Investment In Acquisition Of The Property From Undisclosed Sources.

Section 144Section 148Section 250

…sessee before the ld. CIT(A). All these details go to the root of the matter and thus the same should be admitted and not admitting the same is gross violation of principal of natural justice. Hon'ble Supreme Court in CIT vs. Kanpur Coal Syndicate reported in 53 ITR 225 (SC) held that first appellant authority has plenary powers in disposing of an appeal and he can do what Assessing Officer could do. 6. Ld. CIT (A) had all the powers as of Assessing Officer while considering the appeal of assessee. He had power to reduce/enhance the income. In such circumstances, in the interest of justice and equity, we hold th…

Mustafa Katthawala, Kota vs. DCIT ACIT, Circle-2, Kota

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

ITA 1156/JPR/2024[2015-16]Status: DisposedITAT Jaipur20 Jan 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM\nआयकर अपील सं./ITA. No. 1156/JPR/2024\nनिर्धारण वर्ष / Assessment Years : 2015-16\nMustafa Katthawala\nProp. Shakti Steels, Near Reliance\nPetrol Pump Jhalawar Road, IPIA\nKota.-324005.\nबनाम | The DCIT/ACIT,\nVs.\nCircle-2,\nKota.\nस्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AGPPK5043C\nअपीलार्थी / Appellant\nप्रत्यर्थी / Respondent\nनिर्धारिती की ओर से / Assessee by :Shri Devang Gargieya, Adv.\nराजस्व की ओर से / Reven

For Appellant: Shri Devang Gargieya, AdvFor Respondent: Shri Anup Singh, Addl. CIT
Section 144Section 147Section 148Section 148ASection 234BSection 234CSection 234DSection 244ASection 45(3)

…l Financial Services V ITO ITA No. 2147/Del/2017 held as: “Further, it is well-settled that powers of Ld. CIT(A) are coterminus with powers of the Assessing Officer. Useful reference may be made to order of Apex Court decision in CIT vs. Kanpur Coal Syndicate 53 ITR 225 (SC) in which it was held that the first appellate authority, the Ld. CIT(A) in the case before us, has plenary powers in disposing off an appeal; that the scope of her power is co-terminus with that of the ITO, that she can do what the ITO can do and also direct him to do what he failed to do. In this context, useful reference may also be made to…