“Section 51(1)”

A tax appeal is a rehearing of the entire assessment, granting appellate authorities the same functions as assessing authorities. The appellate authority can initiate further investigations and enhance the assessment, even if the assessee's appeal sought a reduction.

An appellate tribunal ought to remand a matter rather than set aside assessments entirely when jurisdiction is in question.

The Bombay High Court case CIT-10 v. North Karnataka Expressway Ltd. (2014) is cited for the proposition that commercial rights can be considered intangible assets eligible for depreciation under Section 32(1)(ii) of the Income Tax Act, 1961, if they possess enduring benefit.

The Finance Minister's speech introducing a bill can be relied upon to clarify the object and purpose of newly introduced provisions, particularly when the language of the section is ambiguous.

The ratio of the Blue Dart Express Limited case cannot be universally applied to distinguish technical or consultancy services under Section 9(1)(vii) and Section 80-O due to material differences in their language. Differences in statutory language can prevent the universal application of a previous decision.

The applicability of Section 115JB provisions is a matter for the Assessing Officer to consider, and judicial precedent, including the UCO Bank case, can be relied upon by the Commissioner (Appeals). However, this precedent may not hold good for assessment years post-amendment, particularly after Explanation 3 to Section 115JB was introduced.

A claim for deduction or credit that is not bona fide, in addition to being incorrect in law, can attract penalty under section 271(1)(c) for furnishing inaccurate particulars of income.

The appellate authority's power to enhance income is restricted to the income that was the subject-matter of the assessment by the Income Tax Officer.