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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

Muslim Alam, East Champaran vs. ACIT, NFAC, Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 333/PAT/2023[2016-17]Status: DisposedITAT Patna15 Jan 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.333/Pat/2023 Assessment Year: 2016-17 Muslim Alam……………………………….……………....…....Appellant S/O Late Samid Miyan, H. No.34, Vill. Lachchmipur, Kaurihar, East Champaran, Bihar-845305. [Pan: Bakpa7419J] Vs. Acit, Nfac, Delhi…....…..…………….............................…..…..... Respondent Appearances By: Shri Sanjeev Kr. Anwar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 09, 2025 Date Of Pronouncing The Order : January 15, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 17.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Was Engaged In Tailoring Work In The Village Of Raxaul. As The Assessee Did Not File Its Return Of Income For The Assessment Year 2016-17, The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 Of The Act On The Ground That The Assessee Had Deposited A Cash Amounting To Rs.1,49,05,621/- Into Its Bank Account & Had Also Earned Interest Income Of Rs.4,06,892/- Thereupon. Since The Assessee Did Not File Income Tax Return In Response To Notice U/S 148 Of The Act, Further A Notice U/S 142(1) Of The Act Was Issued Requiring The Assessee

Section 142(1)Section 144Section 147Section 148Section 250Section 69A

order of the Assessing Officer. However, during the appellate proceedings, the assessee attempted to submit additional evidence but failed to submit accompanying petition under Rule 46A of the IT Rules. Consequently, the ld. CIT(A) has dismissed the appeal of the assessee on the ground that the additional evidence cannot ... entertained in the absence of proper compliance as prescribed under Rule 46A of the IT Rules, 1962. 4. Aggrieved by the order of the ld. CIT(A), the assessee filed an appeal before this Tribunal raising various grounds but the primary contention was that the ld. CIT(A) erred