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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, Exemptions Ward, Tirunelveli vs. The Sree Ayyappa Educational Society, Kanyakumari

In the result the Revenue’s appeal for ITA No

ITA 2968/CHNY/2024[2019-20]Status: DisposedITAT Chennai04 Apr 2025AY 2019-20

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No. 2967/Chny/2024, Assessment Years: 2016-17 आयकर अपील सं./Ita No. 2968/Chny/2024, Assessment Years: 2019-20 The Income Tax Officer, The Sree Ayyappa Educational Exemptions Ward, Society, Tirunelveli Sree Ayyappa College For Women, Tamil Nadu-627011. Chunkankadai, Kanyakumari, Tamil Nadu-629003. [Pan: Aactt0234D] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. Abhishek Murali, Ca प्रत्यर्थी की ओर से /Revenue By : Dr. I.Roopa, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 26.02.2025 घोषणा की तारीख /Date Of Pronouncement : 04.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr. Abhishek Murali, CAFor Respondent: Dr. I.Roopa, Addl. CIT
Section 68

order, admitted evidences which were not available to the Ld.AO. The Ld.DR has argued that the Ld.CIT(A) has violated clear provisions of Rule 46A of providing an opportunity of being heard to the Ld.AO before giving any relief to the assessee. The Ld. AR placed reliance upon the order ... relying upon the evidences filed during appellate proceedings. Consequently, we find sufficient force in the argument of the Revenue that its rights under Rule 46A have been adversely impacted. Accordingly, we set aside the order of lower authorities and remit the issue back to the Ld.AO for limited verification

Income Tax Officer, Exemptions Ward, Tirunelveli vs. The Sree Ayyappa Educational Society, Kanyakumari

In the result the Revenue’s appeal for ITA No

ITA 2967/CHNY/2024[2016-17]Status: DisposedITAT Chennai04 Apr 2025AY 2016-17

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No. 2967/Chny/2024, Assessment Years: 2016-17 आयकर अपील सं./Ita No. 2968/Chny/2024, Assessment Years: 2019-20 The Income Tax Officer, The Sree Ayyappa Educational Exemptions Ward, Society, Tirunelveli Sree Ayyappa College For Women, Tamil Nadu-627011. Chunkankadai, Kanyakumari, Tamil Nadu-629003. [Pan: Aactt0234D] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. Abhishek Murali, Ca प्रत्यर्थी की ओर से /Revenue By : Dr. I.Roopa, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 26.02.2025 घोषणा की तारीख /Date Of Pronouncement : 04.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr. Abhishek Murali, CAFor Respondent: Dr. I.Roopa, Addl. CIT
Section 68

order, admitted evidences which were not available to the Ld.AO. The Ld.DR has argued that the Ld.CIT(A) has violated clear provisions of Rule 46A of providing an opportunity of being heard to the Ld.AO before giving any relief to the assessee. The Ld. AR placed reliance upon the order ... relying upon the evidences filed during appellate proceedings. Consequently, we find sufficient force in the argument of the Revenue that its rights under Rule 46A have been adversely impacted. Accordingly, we set aside the order of lower authorities and remit the issue back to the Ld.AO for limited verification

Shri Rajesh Karshanbhai Vekariya, Rajkot vs. The ITO WD-2(1)(5), Rajkot

The appeal of the assessee is partly allowed

ITA 173/RJT/2024[2011-2012]Status: DisposedITAT Rajkot03 Apr 2025AY 2011-2012

Bench: Dr. Arjun Lal Saini, Am.& Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.173/Rjt/2024 "नधा"रण वष" / Assessment Year: (2011-12) Shri Rajesh Karshanbhai Vekariya, Income Tax Officer, Ward- Plot No. 266, Kuvadva Gidc, Opp. 2,(1)(5), Rajkot, Aayakar Vs. Riddhi Agro Industries, Kuvadva, Bhavan, Race Course Ring Rajkot-360003 Road, Rajkot – 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acxpp9434A (Appellant) (Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav , Ld .Sr. Dr Date Of Hearing : 08 /01/2025 Date Of Pronouncement : 03/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha Jm; Captioned Appeal Filed By Assessee Pertaining To Assessment Year 2011-12, Is Directed Against Order Passed By National Faceless Appeal Centre (Nfac) Delhi /Ld. Commissioner Of Income-Tax (Appeal) , Vide Order Dated 25.012024, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (‘Ao’ For Short) Dated 26.03.2015 U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: “1. The Grounds Of Appeal Mentioned Hereunder Are Without Prejudice To One Another. 2. The Id. Commissioner Of Income-Tax(Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred As To The "Cit(A)"] Erred On Facts As Also In Law Confirming Addition Of Rs.86,68,718/- Made By The Ao On Account Of Alleged Unexplained Cash Credit U/S.68 Of The Act On The Alleged Ground That The Appellant Failed To Prove Genuineness & Creditworthiness Of Various Parties From Whom Unsecured Loan Of Rs.86,68,718/-Were Ita No. 173-Rjt-2024 Shri Rajesh Karshanbhai Vekariya

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav , Ld .Sr. DR
Section 143(3)Section 144Section 44ASection 68

assessee has placed all details before the Ld. CIT(A) during the course of hearing along with an application under Rule 46A of the Income Tax Rules, 1962 by it was requested that all documents submitted here with kindly consider while making the order in this case. 5.1 We note