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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

DCIT, Chennai vs. M/S. Tarachanthini Financial Services (P) Ltd., Chennai

Appeal stands dismissed

ITA 549/CHNY/2010[2000-01]Status: DisposedITAT Chennai09 Oct 2024AY 2000-01

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.473/Chny/2010 (िनधा+रण वष+ / Assessment Year: 2000-01) M/S. Tarachanthini Services Pvt. Ltd. Dcit बनाम #25, Taurus No.1, First Main Road, Corporate Circle-3(1) United India Colony, Kodambakkam, Chennai. / Vs. Chennai-600 024. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9272-H (अपीलाथ"/Appellant) : (" थ" / Respondent) & 2. आयकरअपील सं./ Ita No.549/Chny/2010 (िनधा+रण वष+ / Assessment Year: 2000-01) Dcit M/S. Tarachanthini Services Pvt. Ltd. बनाम/ Corporate Circle-3(1) #25, Taurus No.1, First Main Road, Chennai. United India Colony, Kodambakkam, Vs. Chennai-600 024. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9272-H (अपीलाथ"/Appellant) : (" थ" / Respondent)

For Appellant: Shri G. Baskar (Advocate) - Ld. ARFor Respondent: Shri R. Clement Ramesh Kumar (CIT) -Ld. DR

considering the remand report & adjudicating the issues, where the corroborative evidences remain unproduced before the Assessing Officer. Thus, there is violation of provisions of Rule 46A(4) of the IT Rules. 2. The Id. CIT(A) erred in accepting the additional evidences during the appellate proceedings, without assigning reason ... same. Whereas as per the assessment order there is no circumstances which warrants acceptance of additional evidences. Thus, there is violation of provisions of Rule 46A(1) of the IT Rules. 3. The Id. CIT(A) erred in adjudication the appeal, by placing reliance on the second remand report, especially

Tarachanthini Services Private Limited, Chennai vs. ACIT, Chennai

Appeal stands dismissed

ITA 473/CHNY/2010[2000-01]Status: DisposedITAT Chennai09 Oct 2024AY 2000-01

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.473/Chny/2010 (िनधा+रण वष+ / Assessment Year: 2000-01) M/S. Tarachanthini Services Pvt. Ltd. Dcit बनाम #25, Taurus No.1, First Main Road, Corporate Circle-3(1) United India Colony, Kodambakkam, Chennai. / Vs. Chennai-600 024. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9272-H (अपीलाथ"/Appellant) : (" थ" / Respondent) & 2. आयकरअपील सं./ Ita No.549/Chny/2010 (िनधा+रण वष+ / Assessment Year: 2000-01) Dcit M/S. Tarachanthini Services Pvt. Ltd. बनाम/ Corporate Circle-3(1) #25, Taurus No.1, First Main Road, Chennai. United India Colony, Kodambakkam, Vs. Chennai-600 024. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9272-H (अपीलाथ"/Appellant) : (" थ" / Respondent)

For Appellant: Shri G. Baskar (Advocate) - Ld. ARFor Respondent: Shri R. Clement Ramesh Kumar (CIT) -Ld. DR

considering the remand report & adjudicating the issues, where the corroborative evidences remain unproduced before the Assessing Officer. Thus, there is violation of provisions of Rule 46A(4) of the IT Rules. 2. The Id. CIT(A) erred in accepting the additional evidences during the appellate proceedings, without assigning reason ... same. Whereas as per the assessment order there is no circumstances which warrants acceptance of additional evidences. Thus, there is violation of provisions of Rule 46A(1) of the IT Rules. 3. The Id. CIT(A) erred in adjudication the appeal, by placing reliance on the second remand report, especially