← All Phrases

“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

Pushpavati Janardhan Rao, Mumbai vs. ITO Ward 26(2)(7), Mumbai

In the result, the AO is directed to delete the addition to the extent of Rs

ITA 4586/MUM/2025[2017-18]Status: DisposedITAT Mumbai04 Sept 2025AY 2017-18

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2017-18 Pushpavati Janardhan Rao, Income Tax Officer, 1802, Atri Towers, Ward-26(2)(7), Saptarishi Park, Vs. Kautilya Bhavan, Swapnanagari, C-41 To C-43, G Block, Mulund West, Bandra Kurla Complex, Mumbai-400080. Bandra (East), Pan : Aadpr9553L Mumbai-400051 (Appellant) (Respondent) For Assessee : None (Adjourment Application) For Revenue : Shri Virabhadra Mahajan, Sr.Dr Date Of Hearing : 02-09-2025 Date Of Pronouncement : 04-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 30-05-2025, Pertaining To Assessment Year (Ay) 2017-18, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

For Appellant: None (Adjourment Application)For Respondent: Shri Virabhadra Mahajan, Sr.DR
Section 69A

During the course of appeal proceedings, the Appellant had submitted its details submission along with additional evidences as per the provision of Rule 46A. The case was remanded back to the Assessing Officer for perusal of the additional evidences filed and sought his comment on the same. 3. During ... course of appeal proceedings, the Appellant had submitted its details submission along with additional evidences as per the provision of Rule 46A. The case was remanded back to the Assessing Officer for perusal of the additional evidences filed and sought his comment on the same. 4. The Appellant

ACIT, New Delhi vs. Satilila Charitable Society, New Delhi

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

ITA 2792/DEL/2024[2017-18]Status: DisposedITAT Delhi02 Sept 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं.2792/िद"ी/2024 (िन.व. 2017-18) Assistant Commissioner Of Income Tax, ...... अपीलाथ"/Appellant 2408, E-2 Block, Civic Centre, New Delhi 110001 बनाम Vs. Satilila Charitable Society, B-12, Greater Kailash Enclave-I, New Delhi 110048 ..... "ितवादी/Respondent Pan No: Aacts-8808-A Assessee By : S/Shri Hemant Kumar, Deepak Upadhyay & Alok Gupta, Chartered Accountants Department By : Shri Mahesh Kumar, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 04/06/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 02/09/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 30.03.2024, For Assessment Year 2017-18. 2. The Revenue Has Assailed The Order Of Cit(A) On Following Grounds:- “1. The Ld. Cit(A) Has Erred In Allowing Relief To The Assessee Without Appreciating The Fact That, The Assessee Intentionally Not Cooperated In Assessment Proceedings In Spite Of Having Knowledge Of The Notices/Letters Issued To It.

For Appellant: S/Shri Hemant Kumar, Deepak Upadhyay & Alok GuptaFor Respondent: Shri Mahesh Kumar, CIT(DR)
Section 12ASection 144

assessee. Even, books of accounts were not produced by the assessee before the AO. The CIT(A) in violation of the provisions of Rule 46A deleted the additions. The ld. DR furnished a copy of Remand Report dated 30.11.2023 from the AO. 4. Per contra, Shri Deepak Upadhyay appearing ... forwarded to him, hence, in the absence of said documents he is unable to comment on the same. There is clear violation of Rule 46A of the Income Tax Rules, 1962. The decision on which ld. AR of the assessee has placed reliance would not help the assessee