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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

Income Tax Officer, Ward-1(3), Ludhiana vs. Shree Balaji Processors, Ludhiana

The appeal stands dismissed

ITA 797/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh24 Nov 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No. 797/Chandi/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Ito Ward 1(3) Shree Balaji Processors बनाम/ Ludhiana – 141001 Tajpur Road, Opp. Central Jail Vs. Ludhiana - 141010 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Actfs-8428-B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Sudhir Sehgal (Advocate) - Ld. Ar Revenue By : Shri Bharat Bhushan Garg (Cit) – Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 11-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 24/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2016-17 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] Dated 18-10-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 23-12-2018 Rejecting Books Of The Assessee & Assessing Business Profit Of Rs.12.81 Crores. The Ld. Cit(A) Reversed The Action Of Ld. Ao Against Which The Revenue Is In Further Appeal Before Us With Following Grounds Of Appeal: - 1. That The Cit(A), Ludhiana Has Erred In Law, In Deleting Addition Of Rs.12,01,85,191/- Made By The Assessing Officer On Account Of Rejecting The Books Of Accounts U/S 145(3) Of The Act.

For Appellant: Shri Sudhir Sehgal (Advocate) - Ld. ARFor Respondent: Shri Bharat Bhushan Garg (CIT) – Ld. DR (Virtual)
Section 142(1)Section 143(3)Section 145(3)

That the CIT(A), Ludhiana has erred in law, in not granting opportunity to the Assessing Officer under rule 46A for verification / comments / counter the addition evidences. 3. That the CIT(A), Ludhiana has erred in law, in rejecting the rational of AO with regard to the rejection of books ... accounts of the assessee. The Ld. CIT-DR advanced arguments on violation of rule 46A and pleaded for confirmation of the assessment order. The Ld. AR also advanced arguments and referred to the findings of first appellate authority in the impugned order. The Ld. AR also filed written submissions