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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

Bindya Ashok Dwara, Dubai, Uae vs. Commissioner of Income Tax (Appeals), Delhi

In the result, the appeal filed by the Assessee stands allowed for statistical purposes

ITA 4543/MUM/2024[2011-12]Status: DisposedITAT Mumbai18 Feb 2025AY 2011-12

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2011-12 Mrs. Bindya Ashok Dwara, Commissioner Of Income Flat No.204, Building 9, Tax (Appeals), Foxhill 9, Motor City, Government Of India, Dubai – 124055 Vs. Ministry Of Finance, Pan: Aknpd9713A Income Tax Department, National Faceless Appeal Centre (Nfac), Delhi – 110001 (Appellant) (Respondent) Present For: Assessee By : Shri Harman Sodhi, Ld. A.R. Revenue By : Ms. Monika H. Pande, Ld. Sr. D.R. Date Of Hearing : 18 . 12 .2024 Date Of Pronouncement : 18.02.2025 O R D E R

For Appellant: Shri Harman Sodhi, Ld. A.RFor Respondent: Ms. Monika H. Pande, Ld. Sr. D.R
Section 139(1)Section 147Section 148Section 250Section 69

followed procedure or filed any application seeking such condonation of delay in filing of appeal and also not cared to file any application under rule 46A of the Rules, seeking admittance of additional evidences. The Ld. Commissioner ultimately affirmed the aforesaid addition, by dismissing the appeal of the Assessee ... delay in filing of the first appeal. The Assessee also filed new/additional evidences before the Ld. Commissioner but without filing appropriate application under rule 46A of the Income Tax Rules, 1962 (in short “the Rules”). Therefore, the Ld. Commissioner was constrained not to condone the delay and not to entertain

Income Tax Officer, Ward-16(1), Hyderabad vs. North Andhra Utilities Private Limited, Hyderabad

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

ITA 1013/HYD/2024[2018-19]Status: DisposedITAT Hyderabad14 Feb 2025AY 2018-19

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.आआआ.आआ /Ita Nos.1012 & 1013/Hyd/2024 (आआआआआआआआ आआआआ/Assessment Year:2018-19) Income Tax Officer, M/S. North Andhra Vs. Ward-16(1), Hyderabad. Utilities Pvt. Ltd., Hyderabad. Pan:Aaeck0781H (Appellant) (Respondent) आआआआआआआआआआ Shri Ved Jain, Advocate आआआआआआ/Assessee By: आआआआआआ आआआआआआ/Revenue Shri K. Ravi Kiran, Cit-Dr By:: आआआआआआ आआ आआआआआ/Date Of 30/01/2025 Hearing: आआआआआ आआ 14/02/2025 आआआआआ/Pronouncement: आआआआ/Order Per Madhusudan Sawdia, A.M: These Two Appeals Are Filed By M/S. North Andhra Utilities Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Both Dated 23.08.2024 For The A.Y. 2018-19. Since Both The Appeals Are Inter-Related, They Are Being Heard Together & A Consolidated Order Is Being Passed, For The Sake Of Convenience & Brevity.

Section 143(3)Section 144Section 250(4)Section 271ASection 68

deleted the said addition ofRs.13.60 Crores. Hence, the Ld. DR submitted that the Ld. CIT(A) has violated the provisions of Rule 46A of Income Tax Rules, 1962. Therefore, the order of the Ld. CIT(A) is liable to be set aside and the issue shall be remanded back ... file of the Ld. AO for fresh adjudication. 3. Per contra, the Ld. AR submitted that, the assessee had not filed any application under Rule 46A of the Rules before the Ld. CIT(A). These documents which have been filed before the Ld. CIT(A) were submitted at the direction

Income Tax Officer, Ward-16(1), Hyderabad vs. North Andhra Utilities Private Limited, Hyderabad

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

ITA 1012/HYD/2024[2018-19]Status: DisposedITAT Hyderabad14 Feb 2025AY 2018-19

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.आआआ.आआ /Ita Nos.1012 & 1013/Hyd/2024 (आआआआआआआआ आआआआ/Assessment Year:2018-19) Income Tax Officer, M/S. North Andhra Vs. Ward-16(1), Hyderabad. Utilities Pvt. Ltd., Hyderabad. Pan:Aaeck0781H (Appellant) (Respondent) आआआआआआआआआआ Shri Ved Jain, Advocate आआआआआआ/Assessee By: आआआआआआ आआआआआआ/Revenue Shri K. Ravi Kiran, Cit-Dr By:: आआआआआआ आआ आआआआआ/Date Of 30/01/2025 Hearing: आआआआआ आआ 14/02/2025 आआआआआ/Pronouncement: आआआआ/Order Per Madhusudan Sawdia, A.M: These Two Appeals Are Filed By M/S. North Andhra Utilities Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Both Dated 23.08.2024 For The A.Y. 2018-19. Since Both The Appeals Are Inter-Related, They Are Being Heard Together & A Consolidated Order Is Being Passed, For The Sake Of Convenience & Brevity.

Section 143(3)Section 144Section 250(4)Section 271ASection 68

deleted the said addition ofRs.13.60 Crores. Hence, the Ld. DR submitted that the Ld. CIT(A) has violated the provisions of Rule 46A of Income Tax Rules, 1962. Therefore, the order of the Ld. CIT(A) is liable to be set aside and the issue shall be remanded back ... file of the Ld. AO for fresh adjudication. 3. Per contra, the Ld. AR submitted that, the assessee had not filed any application under Rule 46A of the Rules before the Ld. CIT(A). These documents which have been filed before the Ld. CIT(A) were submitted at the direction

Pollangi Chinnappan Chittybabu, Ambur, Vellore, Tamilnadu vs. Income Tax Officer, Ward-3, Vellore

In the result, the appeals raised by the assessee are allowed for statistical purposes

ITA 1776/CHNY/2024[2017-18]Status: DisposedITAT Chennai12 Feb 2025AY 2017-18

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1776/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 Pollangi Chinnappan Chittybabu, Income Tax Officer, No.3/97, Thattaparai Village, Ward-3, Kadavalam Post, Vellore. Thuthipet Via Ambur, Vellore Dist, Tamil Nadu-635811 [Pan: Ahjpc3990P] आयकर अपील सं./Sa No.34/Chny/2024 (Ita No.1776/Chny/2024) निर्ाारण वर्ा /Assessment Years: 2017-18 (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri A.S.Harihara Kumar, C.A. प्रत्यर्थी की ओर से /Revenue By : Shri Keerthi Narayanan, Jcit सुिवाई की तारीख/Date Of Hearing : 24.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 12.02.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri A.S.Harihara Kumar, C.AFor Respondent: Shri Keerthi Narayanan, JCIT
Section 250Section 69

appellate proceedings it had introduced additional evidences before the Ld.CIT(A) who had called for a remand report from the Ld. AO under rule 46A. In the said remand report the Ld. AO had objected to admission of additional evidences. The Ld.CIT(A) had confronted the impugned evidences