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“Section 251(1)”

Section References (mined)Section 251Section 251(1)929 judgments

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

Leading authorities on Section 251(1)

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.

CIT v. Shapoorji Pallonji Mistry
44 ITR 891 · 1962 · Supreme Court
278
citing judgments

The Commissioner of Income-tax (Appeals) cannot enhance an assessment by introducing a new source of income or by changing the head of income during appellate proceedings.

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. Sardari Lal & Co.
251 ITR 864 · 2001 · High Court
240
citing judgments

An appellate authority cannot introduce a new source of income that was not considered by the Assessing Officer; taxability of new sources should be addressed through reassessment provisions like Section 147/148 or revision under Section 263.

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.

Smt. Prabhavati S. Shah v. CIT
231 ITR 1 · 1998 · High Court
186
citing judgments

The first appellate authority must admit additional evidence if it is necessary for determining the true state of affairs and preventing undue hardship or a failure of justice, even without a specific request and particularly when the case falls under Rule 46A(1)(c).

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.

Judgments citing Section 251(1)

Asha Himmat Bhadra, Mumbai vs. DCIT -Circle 32(1), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 4764/MUM/2025[2017-18]Status: DisposedITAT Mumbai18 Sept 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18 Ms. Asha Himmat Bhadra, Dcit – Circle 32(1) 401 Beach Apartment, Kautilya Bhavan, Balraj Sahani Road, Bandra Kurla Complex, Near Novotel Hotel, Vs. Bandra (East) Juhu, Mumbai, Mumbai, Mumbai Maharashtra– 400 051 Maharashtra – 400 049 Pan: Aabpb7076J (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Kiran K. Chhatrapati, Ld. Sr. Dr Date Of Hearing : 18.09.2025 Date Of Pronouncement : 18.09.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 13.03.2025, Impugned Herein, Passed By The Ld. Addl./Joint Commissioner Of Income Tax (Appeals) (In Short “Ld. Commissioner”) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. Though In The Instant Case, Both The Parties Have Filed Adjournment Applications, However, This Court Observes That The Impugned Order Is An Ex-Parte & Therefore It Would Be Appropriate To Dismiss The Adjournment Requests & To Proceed With The Case To Decide The Same. Thus, The Adjournments Requests Are Declined & Case Is Proceeded With.

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Kiran K. Chhatrapati, Ld. Sr. DR
Section 143(3)Section 250Section 251(1)(a)Section 251(2)Section 68

No.2336 of 2013 dated 25.04.2016 (2017) 297 CTR (Bom.) 614, wherein it has been held under: “That this is amply clear from section 251(1)(a) & (b) and explanation 2 to section 251(2) of the Act, which requires CIT(A) to apply hi- mind to all the issues, which

Ninad Arun Diwakar, Nashik vs. ITO, ACIT Circle 1, Nashik

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

ITA 1318/PUN/2025[2022-23]Status: DisposedITAT Pune17 Sept 2025AY 2022-23

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1318/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Ninad Arun Diwakar, V The Income Tax Officer, Plot No.F-98, Midc, S Acti Circle-1, Nashik. Satpur Nashik – 422007. Pan: Ahepd7516M Appellant/ Assessee Respondent / Revenue Assessee By Ca Sarang Gudhate Revenue By Shri Ajay Kumar Keshari Date Of Hearing 15/09/2025 Date Of Pronouncement 17/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Passed Under Section 250 Of The Income Tax Act, 1961 Dated 24.03.2025 For The A.Y.2022-23 Emanating From The Assessment Order Under Section 143(3) Of The Income Tax Act, 1961, Dated 05.03.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 133(6)Section 139(1)Section 143(3)Section 250Section 54FSection 54F(4)

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-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

Vasavi Naga Rajeshwari Chalamcharla, Raigad vs. ITO Ward 2, Panvel

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

ITA 1269/PUN/2025[2022-23]Status: DisposedITAT Pune17 Sept 2025AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.1268 & 1269/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Vasavi Naga Rajeshwari V The Income Tax Officer, Chalamcharla, S. Ward-2, Panvel. F-203, Goodwill Garden Chs, Plot No.16/17, Sector 8, Kharghar, Maharashtra-410210 Pan: Atupc8616P Appellant/ Assessee Respondent / Revenue Assessee By Shri Hari Krishan Revenue By Shri Aviyogi Ambadkar – Addl.Cit Date Of Hearing 11/09/2025 Date Of Pronouncement 17/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961; Respectively For A.Y.2022-23, Both Dated 21.03.2025 Emanating From Assessment Order U/S.144 Of The I.T.Act, Dated 14.03.2024 & Penalty Appeal Dated 13.09.2024 Respectively. For The Sake Of Convenience, These

Section 144Section 250Section 270A

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-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

Vasavi Naga Rajeshwari Chalamcharla, Pune vs. ITO Ward 2, Panvel

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

ITA 1268/PUN/2025[2022-23]Status: DisposedITAT Pune17 Sept 2025AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.1268 & 1269/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Vasavi Naga Rajeshwari V The Income Tax Officer, Chalamcharla, S. Ward-2, Panvel. F-203, Goodwill Garden Chs, Plot No.16/17, Sector 8, Kharghar, Maharashtra-410210 Pan: Atupc8616P Appellant/ Assessee Respondent / Revenue Assessee By Shri Hari Krishan Revenue By Shri Aviyogi Ambadkar – Addl.Cit Date Of Hearing 11/09/2025 Date Of Pronouncement 17/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961; Respectively For A.Y.2022-23, Both Dated 21.03.2025 Emanating From Assessment Order U/S.144 Of The I.T.Act, Dated 14.03.2024 & Penalty Appeal Dated 13.09.2024 Respectively. For The Sake Of Convenience, These

Section 144Section 250Section 270A

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-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

Income Tax Officer Ward 1 Fatehabad, Fatehabad vs. Rakesh Nagpal, Fatehabad

In the result, both the appeals of the Revenue are allowed

ITA 60/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh15 Sept 2025AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita Nos. 59 & 60/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 The Ito, Shri Rakesh Nagpal, Ward – 1, Vs House No. 39A, Model Town, Fatehabad. Fatehabad. "थायी लेखा सं./Pan No: Aalpn1386K अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Suraj Bhan Nain, Advocate Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr.Dr Date Of Hearing : 11.09.2025 Date Of Pronouncement : 15.09.2025 Hybrid Hearing O R D E R Per Rajpal Yadav, Vp

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr.DR
Section 143(3)Section 144Section 144BSection 251(1)Section 251(1)(a)Section 270A(2)

preliminary grievance is that ld. First Appellate Authority has set aside the assessment order by exercising the powers contemplated in provision of Section 251(1)(a) of the Act. The ld. Sr.DR submitted that in this case, assessment order has not been passed ex-parte or according to the best ... have duly considered the rival contentions and gone through the record carefully. We deem it appropriate to take note of relevant part of Section 251(1)(a) of the Income Tax Act, which reads as under : “Powers of the Joint Commissioner (Appeals) or the Commissioner (Appeals) 251.(1) In disposing

Income Tax Officer Ward 1 Fatehabad, Fatehabad vs. Rakesh Nagpal, Fatehabad

In the result, both the appeals of the Revenue are allowed

ITA 59/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh15 Sept 2025AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita Nos. 59 & 60/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 The Ito, Shri Rakesh Nagpal, Ward – 1, Vs House No. 39A, Model Town, Fatehabad. Fatehabad. "थायी लेखा सं./Pan No: Aalpn1386K अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Suraj Bhan Nain, Advocate Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr.Dr Date Of Hearing : 11.09.2025 Date Of Pronouncement : 15.09.2025 Hybrid Hearing O R D E R Per Rajpal Yadav, Vp

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr.DR
Section 143(3)Section 144Section 144BSection 251(1)Section 251(1)(a)Section 270A(2)

preliminary grievance is that ld. First Appellate Authority has set aside the assessment order by exercising the powers contemplated in provision of Section 251(1)(a) of the Act. The ld. Sr.DR submitted that in this case, assessment order has not been passed ex-parte or according to the best ... have duly considered the rival contentions and gone through the record carefully. We deem it appropriate to take note of relevant part of Section 251(1)(a) of the Income Tax Act, which reads as under : “Powers of the Joint Commissioner (Appeals) or the Commissioner (Appeals) 251.(1) In disposing

Jiten Kishore Ajmera (Legal Heir of Late Shri Kishore H. Ajmera), Mumbai vs. ITO Ward 25(1)(1), Mumbai

In the result, the Assessee's appeal is allowed for statistical purposes

ITA 4843/MUM/2025[2014-15]Status: DisposedITAT Mumbai15 Sept 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 Mr. Jiten Kishore Ajmera Ito Ward 25(1)(1), (Legal Heir Of Late Shri Kautilya Bhavan, Kishore H. Ajmera), Bandra Kurla Complex, Vs. 4Th Floor, Ajmera House, Bandra (East), Lt Marg, Pathakwadi, Mumbai - 400051 Mumbai – 400 002 Pan: Agppa2452B (Appellant) (Respondent) Present For: Assessee By : Shri Prashant Ghumare, Ld. A.R. Revenue By : Shri Pradipsinh Saktavat, Ld. Sr.D.R. Date Of Hearing : 15.09.2025 Date Of Pronouncement : 15.09.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 13.06.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) Addl/Jcit (In Short Ld. Commissioner) U/S 250 R.W.S 254 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. In The Instant Case, Despite Of Affording Various Opportunities In The Appellate Proceedings Initiated Against The Assessment Order Dated 11.03.2016 U/S 143(3) Of The Act, Whereby The Assessing Officer (Ao) Made The Addition Of Rs.22,34,538/- Being Unexplained Investment In Jewellery, The Assessee Made No Compliance And/Or Filed No Submissions/Documents. Therefore, The Assessee Is Not Entitled For Any Leniency.

For Appellant: Shri Prashant Ghumare, Ld. A.RFor Respondent: Shri Pradipsinh Saktavat, Ld. Sr.D.R
Section 143(3)Section 250Section 251(1)(a)Section 251(2)

Premkumar Arjundas (HUF) in ITA No.2336 of 2013 dated 25.04.2026 (2017) 297 CTR (Bom) 614 , as under: “That this is amply clear from section 251(1)(a) & (b) and explanation 2 to section 251(2) of the Act, which requires CIT(A) to apply his mind to all the issues

Mr. Narayan Chunilal Jaiswal, Pune vs. Income Tax Officer Ward 2 (1), Jalgaon

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

ITA 1803/PUN/2025[2017-18]Status: DisposedITAT Pune09 Sept 2025AY 2017-18

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1803/Pun/2025 िनधा"रण वष" / Assessment Year: 2017-18 Mr.Narayan Chunilal Jaiswal, V The Income Tax Officer, Ayodhya Nagar, S Ward-2(1), Jalgaon. Varangaon-425307. Pan: Acwpj1153H Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Ambarnath Khule - Jcit(Dr) Date Of Hearing 04/09/2025 Date Of Pronouncement 09/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax Appeal(Nfac) Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18 Dated 22.01.2025 Emanating From The Assessment Order Under Section 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Raised By The Assessee Are As Under : “The Assessment Order Passed By The Id. Ao & Confirmed By The Id. Cit(A). Nfac, Is Bad & Void Ab Initio & Also Against The Principles Of Natural Justice.

Section 144Section 250

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-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

Yugal Madhukar Khairnar, Satana vs. The Income-Tax Officer, Ward 1, Malegaon

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

ITA 1322/PUN/2025[2012-13]Status: DisposedITAT Pune09 Sept 2025AY 2012-13

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1322/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Yugal Madhukar Khairnar, V The Income Tax Officer, Dongrej Virgaon, Satana, S Ward-1, Malegaon. Dist-Nashik, Nashik – 423301. Pan: Anmpk4805E Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S. Shingte – Ar Revenue By Shri Ambarnath Khule - Jcit(Dr) Date Of Hearing 04/09/2025 Date Of Pronouncement 09/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax Appeal(Nfac) Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2012-13 Dated 24.03.2025 Emanating From The Assessment Order Under Section 143(3) R.W.S 147 Of The Income Tax Act, 1961. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. On The Basis Of The Facts & In The Circumstances Of The Case, The Assessing Officer Is Not Justified In Making Addition Of Rs. 22,94,000/-

Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-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

Shri Jayshivrai Nagri Sahakari Patsanstha Limited, Kolhapur vs. ITO, Ward-1, Kolhapur

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

ITA 1257/PUN/2025[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1257/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 Shri Jayshivrai Nagri Sahakari V The Income Tax Officer, Pathsanstha Limited, S Ward-1, Kolhapur. 2832B Ward Yamula Devalaya Najik Karveer, Kolhapur – 416012. Maharashtra. Pan: Aaqas6598A Appellant/ Assessee Respondent / Revenue Assessee By None. Revenue By Shri Aviyogi Ambadkar– Addl.Cit(Dr) Date Of Hearing 08/09/2025 Date Of Pronouncement 09/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Passed Under Section 250 Of The Income Tax Act, 1961 Dated 13.11.2024 For The A.Y.2018-19 Emanating From The Assessment Order Under Section 147 R.W.S 144 Of The Income Tax Act, 1961, Dated

Section 147Section 250Section 250(4)Section 270ASection 271ASection 272A(1)(d)Section 69A

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-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