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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, Ichalkaranji vs. Navdurga Yarns LLP, Ichalkaranji

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

ITA 1287/PUN/2024[2022-23]Status: DisposedITAT Pune31 Jan 2025AY 2022-23

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1287/Pun/2024 निर्धारण वर्ष / Assessment Year : 2022-23 Income Tax Officer, Ward - 1, Ichalkaranji अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Navdurga Yarns Llp, 12/537/1, Near Hotel Man, Vs. Shahu Corner, Ichalkaranji-416115 Pan : Aapfn7837F प्रत्यर्थी / Respondent Shri Bhuvnesh V. Kankani Shri Amol Khairnar 07-11-2024 31-01-2025 आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Revenue Is Directed Against The Order Dated 05.04.2024 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-2, Vadodara [“Addl./Jcit(A)"] Pertaining To Assessment Year ("Ay") 2022-23. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Firm. It Filed Its Original Return Of Income For Ay 2022-23 On 22.10.2022 Declaring Total Income At Rs.2,74,64,880/-. The Return Was Processed U/S 143(1) Of The Income Tax Act, 1961 (The “Act"). An Intimation Order Dated 07.06.2023 Was Passed By The Ld. Assessing Officer, Cpc Bengaluru (“Ao”) Assessing Total Income At Rs.13,01,40,970/- & Raising A Demand Of Rs.4,16,78,170/-. The Ld. Ao Made An Addition Of Rs.10,26,76,090/- Under The Head, “Increase In Profit Or Decrease In Loss On Account Of Icds Adjustments & Deviation In Method Of Valuation Of Stock (Column 3A + 4D Of Part A-Oi)”. 3. Aggrieved By The Order Of The Ld. Ao Passed U/S 143(1) Of The Act, The Assessee Appealed Before The Ld. Addl./Jcit(A). Before The Ld. Addl./Jcit(A), The Assessee Submitted That The Books Of Account Of The Assessee Were Audited As Required Under The Relevant Provisions Of The Act & The Audit Report Was Submitted Electronically By The Assessee. The 2

For Appellant: Department byFor Respondent: Date of hearing
Section 143(1)Section 145A

Tribunal which may please be granted." 5. The Ld. DR contended that the order of the Ld. Addl./JCIT(A) is in violation of Rule 46A of the Income Tax Rules, 1962 (“the Rules") as the Ld. Addl./JCIT(A) did not call for any remand report from

Madhubala Indrakumar Parmar, Pali vs. ITO, Ward 4, Panvel

In the result, appeal of the Assessee is allowed

ITA 2532/PUN/2024[2014-15]Status: DisposedITAT Pune29 Jan 2025AY 2014-15

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकरअपीलसं. / Ita No.2532/Pun/2024 िनधा"रणवष" / Assessment Year: 2014-15 Madhubala Indrakumar Parmar, V The Income Tax Officer, Bazar Peth, At Post Pali,Taluka S Ward-4, Panvel. Sudhagad, District Raigad, Maharashtra – 410205. Pan: Aatpp5508P Appellant/ Assessee Respondent / Revenue Assessee By Shri Subhodh Ratnaparkhi – Ar Revenue By Miss Indira R Adakil – Addl.Cit(Dr) Date Of Hearing 28/01/2025 Date Of Pronouncement 29/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2014-15 Dated 10.10.2024 Emanating From The Assessment Order . The Assessee Has Raised The Following Grounds Of Appeal : “1. The Hon. Cit(A) Erred In Upholding Addition To The Extent Of Rs.8,50,834/- U/S 56(2)(Vii)(B)(Ii) Of The I.T.Act 1961, On Account Of Difference Between The Actual Purchase Consideration Of Agricultural Land At Pali, Taluka Sudhagad, Dist. Raigad & The Value As Per

Section 2(14)(iii)Section 250Section 56(2)Section 56(2)(vii)

placed before the Hon. CIT(A). Accordingly, there was no cause to make any application seeking permission to produce the said document as per Rule 46A of the I. T. Rules. As far as a legal argument is concerned, the appellant is entitled to raise the same at any stage