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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

Shreesh Kumar Tripathi, Banda vs. Income Tax Officer Ward 2(2)(5), Banda

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

ITA 111/ALLD/2025[2017-18]Status: DisposedITAT Allahabad28 Aug 2025AY 2017-18

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Shreesh Kumar Tripathi, Vs. Income Tax Officer, A-44, Avas Vikash Colony Head Ward-2(2)(5), Banda Post-Banda 210001, U.P. Pan:Agrpt7458C (Appellant) (Respondent) Assessee By: Ms. Mamta Pandey, Adv Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 06.08.2025 Date Of Pronouncement: 28.08.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961 On 28.03.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Filed Against The Orders Of The Ito, Ward-2(2)(5), Banda Passed On 22.12.2019, Under Section 144 Of The Income Tax Act. The Grounds Of Appeal Are As Under:- “A. Because The Appellant Authority Has Failed To Provide Fair, Real & Reasonable Opportunity Of Being Heard, In The Form-35 Petitioner Clearly Mentioned That Notices/Communication May Not Be Send On Email Mode. In This Case No Notice For Hearing Has Been Issued In Physical Mode. B. Because The Learned Assessing Officer As Well As Commissioner (Appeals) Has Passed The Order Based On Incorrect Appreciation Of Facts, Leading To An Erroneous Conclusion. C. Because Assessment Order As Well As Order-In-Appeal Has Been Passed In Ex-Parte Manner Without Giving Reasonable Opportunity Of Being Heard. D. Because The Findings Recorded In The Impugned Order Are Contrary To The Material Evidence Available On Record, Resulting In A Flawed Assessment. E. Because Appellant Was Not Aware About The Issuance Of Notices At The Proceedings Stage Because He Got Registered Himself After Order Passed By The Assessing Officer.

For Appellant: Ms. Mamta Pandey, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 133(6)Section 142(1)Section 144Section 250

received any opportunity of personal hearing neither at proceedings stage nor at first appellate stage. h. BECAUSE additional evidences produced by the appellant under Rule 46A has not been considered by the appellant authority at the first appellate proceedings in arbitrary manner which is against the principle of natural justice ... been able to demonstrate the sufficient causes for not presenting the same before the ld. AO. Relying on the provisions of Rule 46A, he held that the said evidences filed by the assessee were not admissible at this stage. He noted that the assessee had deposited cash in his bank

Deputy Commiossioner of Incometax, Jamnagar vs. Vasantbhai Muljibhai Kanani, Jamnagar

In the result, appeal filed by the revenue is dismissed, whereas appeal filed by the assessee is allowed

ITA 124/RJT/2025[2022-23]Status: DisposedITAT Rajkot28 Aug 2025AY 2022-23

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.124/Rjt/2025 िनधा"रणवष"/ Assessment Year: 2022-23 Dy. Cit, Cir-1 Vasantbhai Muljibhai Kanani बनाम Jamnagar. Plot No.7, Ambica Enterprise Vs. Sardar Patel Ind. Estte-4 Indira Road Opp: Jakat Naka, Jamnagar-361004 (Guj) Pan : Aitpk 8038 P आयकर अपील सं /.Ita No.08/Rjt/2025 िनधा"रणवष"/ Assessment Year: 2022-23 Vasantbhai Muljibhai Kanani Dy. Cit, Cir-1 बनाम Plot No.7, Ambica Enterprise Jamnagar. Sardar Patel Ind. Estte-4 Vs. Indira Road Opp: Jakat Naka, Jamnagar- 361004 (Guj) Pan : Aitpk 8038 P (अपीलाथ"/Assessee) : (""यथ"/Respondent)

For Appellant: Shri Sagar Shah, ld.AR
Section 143(3)Section 144BSection 250Section 68Section 69C

submitted by assessee before CIT(A), without granting the Assessing Officer a reasonable opportunity to examine the evidence, thereby violating the procedure prescribed in Rule 46A of the Income Tax Rules, 1962. 4. The Ld. CIT(A) has erred on the facts and in law in restricting the addition ... Revenue, argued that the assessee has produced additional evidences during the appellate proceedings, therefore, it is a complete violation of Rule 46A of the Income Tax Rules, 1962. The ld. DR submitted that since the assessee has submitted additional evidence during the appellate proceedings, therefore, this issue may be restored

Trigat Life Sciences Private Limited, Lucknow vs. Deputy Commissioner of Income Tax -6, Lucknow

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

ITA 190/LKW/2025[2016-17]Status: DisposedITAT Lucknow28 Aug 2025AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Trigat Life Sciences Private Limited, Vs. Deputy Commissioner Of 301, 3Rd Floor, Kusum Deep Income Tax-6, Lucknow New Complex Chowk, Lucknow, U.P. Pan:Aacct7404N (Appellant) (Respondent) Assessee By: None Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee, Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 27.02.2025, Dismissing The Appeal Of The Assessee Filed Against The Orders Of The Ld. Dcit, Circle-6, Lucknow, Under Section 143(3) On 27.11.2018. The Grounds Of Appeal Are As Under: - “1. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order, Which Is Unlawful, Unjustified & Against The Principles Of Natural Justice. 2. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order Without Giving Adequate Opportunity Of Being Heard. 3. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order With Intangible Addition Of 50 Percent Sales Promotion Expenses Of Rs 7188348 On Estimated Basis. 4. The Ld. Commissioner Of Income-Tax (Appeals) Has Erred In Law & On Facts In Passing Assessment Order Which Is Contrary To The Facts & Law.

For Appellant: NoneFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 143(3)Section 250

given to Doctors and retail traders and other incentives given to large purchasers of medicines and prayed that the same may be admitted under Rule 46A. However, the Ld. CIT(A) found that the assessee had failed to substantiate the claim with valid reasons and failed to explain why these ... material on record makes it clear that no attempt was made before the ld. AO or shows no regard to follow the requirement of Rule 46A, the additional evidence could not be admitted. Furthermore, he pointed out that the Hon’ble ITAT Delhi in the case of Mrs. Jyotsna Suri

Income Tax Officer, Ward-1(1), Kolhapur vs. Ajara Merchants Co-Op. Credit Society Ltd., Ajara

In the result, the appeal filed by the Revenue in ITA

ITA 1693/PUN/2024[2015-16]Status: DisposedITAT Pune28 Aug 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1138 & 1693/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ito, Ward-1(1), Kolhapur. Vs. Ajara Merchants Co-Op. Credit Society Ltd., Main Branch, Nalawade Building, Main Road, Ajara, Kolhapur- 416505. Pan : Aadca1779J Appellant Respondent Revenue By Shri Ramnath P. Murkunde : Assessee By : Shri Pramod S. Shingte Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 23.03.2024 & 13.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. First We Shall Take Up The Quantum Appeal I.E Ita No.1138/Pun/2024 For Adjudication.

For Appellant: Shri Pramod S. Shingte
Section 142(1)Section 147Section 148Section 271FSection 69

circumstances of the case and in law, the Ld.CIT(A) erred in not giving reasonable opportunity to the Assessing Officer as per Rule 46A of the income Tax Act to examine the evidence or document produced by the assessee and completed the appellate proceedings without waiting for the submission ... parte assessment order. 8. Ld. DR further submitted that Ld. CIT(A)/NFAC erred in accepting documents submitted by the assessee in contravention of Rule 46A of the IT Act since without waiting for remand report called from the AO the appellate order was passed. 9. Ld. DR ultimately submitted

Income Tax Officer, Ward-1(1), Kolhapur vs. Ajara Merchants Co-Op. Credit Society Ltd., Ajara, Kolhapur

In the result, the appeal filed by the Revenue in ITA

ITA 1138/PUN/2024[2015-16]Status: DisposedITAT Pune28 Aug 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1138 & 1693/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ito, Ward-1(1), Kolhapur. Vs. Ajara Merchants Co-Op. Credit Society Ltd., Main Branch, Nalawade Building, Main Road, Ajara, Kolhapur- 416505. Pan : Aadca1779J Appellant Respondent Revenue By Shri Ramnath P. Murkunde : Assessee By : Shri Pramod S. Shingte Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 23.03.2024 & 13.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. First We Shall Take Up The Quantum Appeal I.E Ita No.1138/Pun/2024 For Adjudication.

For Appellant: Shri Pramod S. Shingte
Section 142(1)Section 147Section 148Section 271FSection 69

circumstances of the case and in law, the Ld.CIT(A) erred in not giving reasonable opportunity to the Assessing Officer as per Rule 46A of the income Tax Act to examine the evidence or document produced by the assessee and completed the appellate proceedings without waiting for the submission ... parte assessment order. 8. Ld. DR further submitted that Ld. CIT(A)/NFAC erred in accepting documents submitted by the assessee in contravention of Rule 46A of the IT Act since without waiting for remand report called from the AO the appellate order was passed. 9. Ld. DR ultimately submitted