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“Section 246(1)”

Section References (mined)Section 246Section 246(1)33 judgments

The decision most relied on for Section 246(1) is CIT v. Kanpur Coal Syndicate (53 ITR 225), cited in 359 judgments on BharatTax.

Leading authorities on Section 246(1)

CIT v. Kanpur Coal Syndicate
53 ITR 225 · 1964 · Supreme Court
359
citing judgments

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.

Asstt. CIT v. Pratibha Industries Ltd.
141 ITD 151 · 2013 · ITAT
64
citing judgments

Where an assessee invests its own funds in an infrastructure development project, it is presumed to be acting as a developer, not merely a contractor, making it eligible for deduction under section 80-IA(4).

Income Tax v. Ram Commercial Enterprises Ltd., 246 ITR 568 and Diwan Enterprises v. Commissioner of Income Tax
246 ITR 571 · 2000 · High Court
53
citing judgments

Penalty proceedings under the Income-tax Act are quasi-criminal in nature, requiring the department to independently establish concealment and not automatically relying on assessment findings. A penalty under Section 271D or 271E for violating Section 269SS cannot be levied if the alleged loan amount is subsequently disclosed as income, as the foundation for the penalty is then lost.

International Air Transport Association v. DCIT
68 Taxmann.com 246 · 2016 · High Court
38
citing judgments

Failure to follow the procedure laid down in Section 144C(1) of the Income-tax Act, 1961, constitutes a breach of mandatory provisions, rendering the final assessment order void.

CIT v. Rampur Engg
309 ITR 143 · 2009 · High Court
35
citing judgments

The power to impose penalty under section 271 of the Income-tax Act depends on the Assessing Officer's satisfaction, which must be recorded during the proceedings. If the officer is not satisfied and has not recorded this satisfaction, the penalty cannot be exercised.

Central Provinces Manganese Ore Co. Ltd. v. CIT
160 ITR 961 · 1986 · Supreme Court
31
citing judgments

The levy of interest under the Income Tax Act is part of the assessment process and can be challenged in an appeal if the assessee disputes the chargeability of interest itself. However, claims for waiver or reduction of interest cannot be challenged in appeal and must be pursued through revisional jurisdiction.

M.V. Sonavala v. CIT
177 ITR 246 · 1989 · High Court
27
citing judgments

The Assessing Officer can determine the annual value of a property based on what it might reasonably be let for from year to year or its annual ratable value, especially when rent is not charged or is below market rates. This approach is permissible under Section 23(1)(a) of the Income-tax Act.

HPCL Mittal Energy Ltd. v. ACIT
97 Taxmann.com 3 · 2018 · ITAT
24
citing judgments

A penalty order under section 271(1)(c) is unsustainable if the Assessing Officer (AO) initiates proceedings for "concealment of particulars of income" but ultimately finds the assessee guilty of "furnishing inaccurate particulars of income", or vice versa. The AO cannot be uncertain in the penalty order as to which charge applies, as this error goes to the root of the matter and is not saved by section 292B.

Judgments citing Section 246(1)