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“rule 46A”

AppealsRule 46ARule 46A2,967 judgments

The decision most relied on for rule 46A is CIT v. Divine Leasing & Finance Ltd. (299 ITR 268), cited in 426 judgments on BharatTax.

Leading authorities on rule 46A

CIT v. Divine Leasing & Finance Ltd.
299 ITR 268 · 2008 · High Court
426
citing judgments

The Assessing Officer cannot add share capital or share premium amounts if the assessee provides the identity and creditworthiness of the subscriber and establishes the genuineness of the transaction. The court may admit additional evidence under Rule 46A, such as the PAN identity of the creditor.

CIT v. Jansampark Advertising & Marketing (P.) Ltd.
56 Taxmann.com 286 · 2015 · High Court
196
citing judgments

The Commissioner of Income-tax (Appeals) has an independent statutory obligation to conduct proper inquiries and verify facts, especially when the Assessing Officer has failed to do so. The CIT(A) must ensure effective inquiry is carried out before deleting additions or accepting additional evidence.

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).

CIT v. Manish Build Well (P) Ltd.
16 Taxmann.com 27 · 2011 · High Court
120
citing judgments

The CIT(A) must strictly comply with Rule 46A of the Income-tax Rules for admitting additional evidence, ensuring all prescribed conditions exist, reasons are recorded, and reasonable opportunity is provided to the Assessing Officer.

CIT v. Nikunj Eximp
216 Taxmann.com 171 · 2013 · High Court
103
citing judgments

The Assessing Officer must consider additional evidence produced before the CIT(A) under Rule 46A and cannot reject it without proper appreciation of the facts, especially when the assessee was prevented by sufficient cause from producing it earlier.

CIT v. Virgin Securities & Credits (P) Ltd.
332 ITR 396 · 2011 · High Court
85
citing judgments

The Commissioner of Income-tax (Appeals) must admit additional evidence if it is crucial for the proper disposal of the appeal, ensuring substantial justice to the appellant.

CIT v. Manish Buildwell (P) Ltd.
245 CTR 397 · 2011 · High Court
58
citing judgments

The production of fresh evidence at the appellate stage before the Commissioner (Appeals) is strictly governed by the conditions and procedures laid down in Rule 46A of the Income-tax Rules.

CIT v. Ranjit Kumar Choudhury
288 ITR 179 · 2007 · High Court
55
citing judgments

The appellate authority must follow Rule 46A of the Income Tax Rules when admitting additional evidence, which includes recording reasons for admission and providing the Assessing Officer an opportunity to verify or refute the evidence. Failure to do so violates principles of natural justice.

Judgments citing rule 46A

ITO 12(3)(1), Mumbai vs. Ktg Developers Pvt Ltd, Mumbai

In the result, appeal by the Revenue is partly allowed for statistical purpose

ITA 4336/MUM/2019[2011-12]Status: DisposedITAT Mumbai10 Oct 2022AY 2011-12

Bench: Shri Vikas Awasthy& Shri Gagan Goyalआअसं.4336/मुं/2019(िन.व. 2011-12) Ito-12 (3) (1), Room No.147A, 1St Floor, Aayakarbhavan, M.K. Road, ...... अपीलाथ"/Appellant Mumbai-400 020 बनाम Vs. M/S. Ktg Developers Pvt. Ltd., Link Komal Co-Op Gh Society, Flat No.3, Plot No.81-A, Linking Road, Santacruz (W) Mumbai-400 054 Pan: Aacck-9929-R ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Tejinder Pal Singh "ितवादी "ारा/Respondent By : Shri Jitendra Singh सुनवाई की ितिथ/ Date Of Hearing : 15/07/2022 घोषणा की ितिथ/ Date Of Pronouncement : 10/10/2022 आदेश/ Order

For Appellant: Shri Tejinder Pal SinghFor Respondent: Shri Jitendra Singh
Section 68

assessee furnished fresh evidence during the first appellate proceedings. The CIT(A) accepted the additional evidences in violation of the provisions of Rule 46A. No reason whatsoever was given by the assessee for not furnishing documents before the Assessing Officer. The Id. Departmental Representative submitted that the CIT(A) sought ... assessee failed to provide documents in support of its contentions. The case of assessee does not fall in any of the exceptions provided in Rule 46A for furnishing additional evidences before the First Appellate Authority. 3.1 In respect of ground No.2 of appeal, the ld. Departmental Representative submitted that under

Sudhir S. Jhunjhunwala (Prop M.S, Sumadhi Investments), Mumbai vs. ACIT Cen Cir 11, Mumbai

Appeal is dismissed

ITA 6543/MUM/2010[2008-09]Status: DisposedITAT Mumbai10 Oct 2022AY 2008-09

Bench: Shri Vikas Awasthy & Shri M Balaganeshआअसुं.6520/म ुं/2010 (धि.ि. 2008-09) ..... अपीलाथी /Appellant Deputy Commissioner Of Income Tax, Central Circle 11, Room No. 804, 8Th Floor, Old Cgo Annexe Bldg., Mumbai-400 020 बिाम Vs. ..... प्रधििादी/Respondent Shri. Sudhir S Jhunjhunwala Flat No. 41/42, 4Th Floor, Meghna Apts., Sv Road, Santacruz West Mumbai-54 Pan No. Aafpj7148H आअसुं.6543/म ुं/2010 (धि.ि. 2008-09) ..... अपीलाथी /Appellant Shri. Sudhir S Jhunjhunwala Flat No. 41/42, 4Th Floor, Meghna Apts., Sv Road, Santacruz West Mumbai-54 Pan No. Aafpj7148H बिाम Vs. ..... प्रधििादी/Respondent Assistant Commissioner Of Income Tax, Central Circle 11, Old Cgo Annexe Bldg., Mumbai-400 020

For Appellant: NoneFor Respondent: Shri Prakash R. Mane, CIT DR
Section 132Section 144

issue raised in the appeal by the Revenue is admission of additional evidence by CIT(A) ITA NO.6520 /MUM/2010 & 6543/MUM/2010 (A.Y.2008-09) in violation of Rule 46A of the Income Tax Rules 1962 (hereinafter referred to as “the rules”) 4. Shri. Prakash R. Mane representing the department submitted that the assessee ... filed additional evidences before the CIT(A). The CIT(A) admitted additional evidences without following statutory procedure as laid down in Rule 46A. 5. We have heard the submissions made by ld. Departmental Representative and have examined the orders of authorities below. A perusal of the impugned order reveals that

ACIT Cen Cir 11, Mumbai vs. Sudhir S Jhunjhunwala, Mumbai

Appeal is dismissed

ITA 6520/MUM/2010[2008-09]Status: DisposedITAT Mumbai10 Oct 2022AY 2008-09

Bench: Shri Vikas Awasthy & Shri M Balaganeshआअसुं.6520/म ुं/2010 (धि.ि. 2008-09) ..... अपीलाथी /Appellant Deputy Commissioner Of Income Tax, Central Circle 11, Room No. 804, 8Th Floor, Old Cgo Annexe Bldg., Mumbai-400 020 बिाम Vs. ..... प्रधििादी/Respondent Shri. Sudhir S Jhunjhunwala Flat No. 41/42, 4Th Floor, Meghna Apts., Sv Road, Santacruz West Mumbai-54 Pan No. Aafpj7148H आअसुं.6543/म ुं/2010 (धि.ि. 2008-09) ..... अपीलाथी /Appellant Shri. Sudhir S Jhunjhunwala Flat No. 41/42, 4Th Floor, Meghna Apts., Sv Road, Santacruz West Mumbai-54 Pan No. Aafpj7148H बिाम Vs. ..... प्रधििादी/Respondent Assistant Commissioner Of Income Tax, Central Circle 11, Old Cgo Annexe Bldg., Mumbai-400 020

For Appellant: NoneFor Respondent: Shri Prakash R. Mane, CIT DR
Section 132Section 144

issue raised in the appeal by the Revenue is admission of additional evidence by CIT(A) ITA NO.6520 /MUM/2010 & 6543/MUM/2010 (A.Y.2008-09) in violation of Rule 46A of the Income Tax Rules 1962 (hereinafter referred to as “the rules”) 4. Shri. Prakash R. Mane representing the department submitted that the assessee ... filed additional evidences before the CIT(A). The CIT(A) admitted additional evidences without following statutory procedure as laid down in Rule 46A. 5. We have heard the submissions made by ld. Departmental Representative and have examined the orders of authorities below. A perusal of the impugned order reveals that