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“Section 251(2)”

Section References (mined)Section 251Section 251(2)645 judgments

The decision most relied on for Section 251(2) is Jute Corporation of India Ltd. v. CIT (187 ITR 688), cited in 1,372 judgments on BharatTax.

Leading authorities on Section 251(2)

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

Skycell Communications Ltd. v. DCIT
251 ITR 53 · 2001 · High Court
253
citing judgments

Technical services involve human intervention and expertise, not just routine or machine-based operations. Routine customer support and standard facility provision through technology do not constitute technical services under the Act.

CIT v. Claris Lifesciences Ltd.
326 ITR 251 · 2010 · High Court
196
citing judgments

If approval from the Department of Scientific and Industrial Research (DSIR) for an in-house R&D centre is granted during the previous year, the assessee is entitled to claim weighted deduction under section 35(2AB) for the entire expenditure incurred during that year.

Berger Paints India Ltd. v. CIT
266 ITR 99 · 2004 · Supreme Court
181
citing judgments

The Revenue cannot take a conflicting stand from what it had earlier accepted in a previous assessment year without compelling justification. This principle of consistency applies to various issues, including the treatment of customs duty in closing inventory.

Income Tax-III, Pune v. Rajasthan & Gujarati Charitable Foundation Poona
89 Taxmann.com 127 · 2018 · Supreme Court
130
citing judgments

The claim of depreciation under Section 32 of the Income Tax Act for assets used by charitable trusts is permissible, affirming the Bombay High Court's view that such a claim does not amount to a 'double benefit'.

CIT v. Karnataka State Co-operative Apex Bank
251 ITR 194 · 2001 · Supreme Court
106
citing judgments

Interest income earned by a co-operative bank from statutory investments or mandatory deposits, which are essential for conducting its banking business, qualifies as business income and is exempt under Section 80P(2)(a)(i) of the Income-tax Act.

PCIT v. Chain House International (P) Ltd.
98 Taxmann.com 47 · 2018 · High Court
104
citing judgments

The Assessing Officer cannot arbitrarily reject a share valuation report prepared by an expert using recognized methods like NAV or DCF for the purpose of Section 56(2)(viib) without providing valid reasons to demonstrate its perversity or unreasonableness.

Judgments citing Section 251(2)

Seabird Marine Services Private Limited, Jamnagar vs. ACIT, Circle - 1, Jamnagar, Jamangar

ITA 83/RJT/2025[2017-18]Status: DisposedITAT Rajkot30 May 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 83/Rjt/2025 (निर्धारण वर्ष/Assessment Year: (2017-18) Seabird Marine Services Pvt. Vs. Ltd. Office No. 309 & 310, Centroid Luxuria, Nr. Crystal Mall, Khodiyar Colony, Aerodrome Road, Jamnagar 361006 Assistant Commissioner Of Income-Tax, Circle-1, Jamnagar, Aayakar Bhawan, Nr. Subhash Bridge, Jamnagar -Rajkot Highway, Jamnagar स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccs 9869 C (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Appellant By : Shri S. N. Soparkar, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit-Dr Date Of Hearing : 30/04/2025 Date Of Pronouncement : 30/05/2025 Per Dr. A. L. Saini, Am: आदेश / Order Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed By The National Faceless Appeal Centre (Nfac), Dehi/ Commissioner Of Income Tax (Appeal) [In Short 'Ld. Cit(A)'], Dated 02.01.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Vide Order Dated 31.12.2019. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “All The Below Mentioned Grounds Of Appeal Are Independent & Without Prejudices To Each Other.

For Appellant: Shri S. N. Soparkar, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT-DR
Section 114Section 115JSection 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN

Shamimullah, Vellore vs. ITO, Ncw-11(2), Chennai

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

ITA 473/CHNY/2025[2017-18]Status: DisposedITAT Chennai29 May 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.473/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Shamimullah, Vs. The Income Tax Officer, No. 56, Masuthi Street, Non Corporate Ward 11(2), Near Canara Bank, Arakkonam, Chennai. Vellore 631 001. [Pan:Dalps5068E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Gopalan, Irs (Jcit Retd.) ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi:

For Appellant: Shri G. Gopalan, IRS (JCIT Retd.)For Respondent: Shri P. Krishna Kumar, JCIT
Section 143(1)Section 251(2)Section 40A(3)Section 69Section 69A

appeal before the ld. CIT(A). The ld. CIT(A) issued hearing notices dated 24.11.2023, 23.01.2024 & 01.03.2024 and also show cause notices under section 251(2) of the Act dated 05.04.2024 & 30.04.2024, however, there was no compliance from the assessee. Thus, the ld. CIT(A) confirmed the addition made under ... under section 40A(3) of the Act shall be 100% of cash payments exceeding ₹.20,000/- after issuing various notices for enhancement under section 251(2) of the Act. 6. The ld. AR Shri G. Gopalan, IRS (JCIT Retd.) submits that non- compliance to the notices issued

Compact Agencies Pvt. Ltd., Kolkata vs. DCIT/ACIT, Circle 3(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 200/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.200/Kol/2025 Assessment Year: 2017-18 Compact Agencies Pvt. Ltd……………………………………...….……….Appellant Room No.1A, 20B, West Bengal, East India House, Bbd Bag, West Bengal-700069. [Pan: Aadcc6607K] Vs. Dcit/Acit, Circle-3(1), Kolkata.….....................……........……...…..…..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Cit, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 19.08.2024 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. At The Outset, It Is Noted That There Is A Delay Of 88 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Company Filed Its Return Of Income For The Assessment Year 2017-18 By Declaring Total Income As Nil. Subsequently, The Case Of The Assessee Was Selected For

Section 142(1)Section 143(3)Section 14ASection 251(2)Section 69Section 69C

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Rajesh

Kashinath Tapuriah, Kolkata vs. ACIT- CC - 2, Mumbai

In the result, the appeal filed by the assessee is hereby dismissed

ITA 5008/MUM/2018[2011-12]Status: DisposedITAT Mumbai16 May 2025AY 2011-12

Bench: Ms. Kavitha Rajagopal, Jm & Shri Omkareshwar Chidara, Am Kashinath Tapuriah Acit-Cc-2, Mumbai 9, Rowdown Street, Udyanchal Bldg., Flat No. 20, 5Th Floor, Kolkata, Vs. Karnataka – 700017. Pan/Gir No. Abupt5665K (Appellant) : (Respondent) Assessee By : None : Shri. P. D. Chougule, Sr. Dr. Respondent By : 19.02.2025 Date Of Hearing Date Of Pronouncement : 16.05.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) – 47, Mumbai (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2011-12. 2. As There Was No Representation On Behalf Of The Assessee Inspite Of Several Opportunities, We Hereby Proceed To Dispose Off This Appeal By Hearing The Learned Departmental Representative (‘Ld. Dr’ For Short) & On Perusal Of The Materials Available On Record. 3. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Commissioner Of Income Tax (Appeals) Erred In Upholding The Disallowance Of Rs.41,345 Business Expenditure. Kashinath Tapuriah

For Appellant: NoneFor Respondent: 19.02.2025
Section 143(2)Section 143(3)Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JM AND SHRI OMKARESHWAR CHIDARA, AM Kashinath

Ashitkumar Ganesh Poria, Pune vs. The Deputy Commissioner of Income Tax, Central Circle 2(1), Pune

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

ITA 851/PUN/2025[2012-13]Status: DisposedITAT Pune15 May 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.851/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Ashitkumar Ganesh Poria, V The Dy.Cit(Central), 931, Raviwar Peth, Huseni S Circle-2(1), Pune. Trust, Near Dagadi Nagoba, Pune – 411002. Maharashtra. Pan: Aispp7097C Appellant/ Assessee Respondent / Revenue Assessee By Shri T.S.Shelke – Ar Revenue By Shri Madhan Thirmanpallil – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 15/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961; Dated 29.01.2025 For Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal : “1. During The Preceding Before Cit Appeal, The Appellant Has Requested Time For Preparation Of Submission & Explain The Disputed Issue Vide Letter Dated 28.01.2025, Acknowledgement

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

prosecution of the appeal by the assessee. This is amply clear from the Section 251(1)(a) and (b) and Explanation to Section 251(2) of the Act which requires the CIT(A) to apply his mind to all the issues which arise from the impugned order before him whether