← All Phrases

“Section 251(1)(a)”

Section References (mined)Section 251Section 251(1)(a)1,012 judgments

The decision most relied on for Section 251(1)(a) is Jute Corporation of India Ltd. v. CIT (187 ITR 688), cited in 1,372 judgments on BharatTax.

Leading authorities on Section 251(1)(a)

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

CIT v. Shapoorji Pallonji Mistry
44 ITR 891 · 1962 · Supreme Court
278
citing judgments

The Commissioner of Income-tax (Appeals) cannot enhance an assessment by introducing a new source of income or by changing the head of income during appellate proceedings.

Skycell Communications Ltd. v. DCIT
251 ITR 53 · 2001 · High Court
253
citing judgments

Technical services involve human intervention and expertise, not just routine or machine-based operations. Routine customer support and standard facility provision through technology do not constitute technical services under the Act.

CIT v. Sardari Lal & Co.
251 ITR 864 · 2001 · High Court
240
citing judgments

An appellate authority cannot introduce a new source of income that was not considered by the Assessing Officer; taxability of new sources should be addressed through reassessment provisions like Section 147/148 or revision under Section 263.

CIT v. Claris Lifesciences Ltd.
326 ITR 251 · 2010 · High Court
196
citing judgments

If approval from the Department of Scientific and Industrial Research (DSIR) for an in-house R&D centre is granted during the previous year, the assessee is entitled to claim weighted deduction under section 35(2AB) for the entire expenditure incurred during that year.

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).

Berger Paints India Ltd. v. CIT
266 ITR 99 · 2004 · Supreme Court
181
citing judgments

The Revenue cannot take a conflicting stand from what it had earlier accepted in a previous assessment year without compelling justification. This principle of consistency applies to various issues, including the treatment of customs duty in closing inventory.

Judgments citing Section 251(1)(a)

ITO, Ludhiana vs. Arun Gupta, Ludhiana

ITA 112/CHANDI/2025[2021-22]Status: DisposedITAT Chandigarh19 Mar 2026AY 2021-22

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Krinwant Sahay, Am आयकरअपीलसं./ Ita No.112/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2021-22) Ito Arun Gupta बनाम/ Vs. Aayakar Bhawan, Rishi Nagar 1698 – New Shakti Nagar, Ludhiana, Punjab - 141001 Ludhiana, Punjab - 141001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abkpg-4933-F (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. B.M. Monga & Sh. Rohit Kaura (Advocates) ""थ"कीओरसे/Respondent By : Sh. Manav Bansal (Cit) Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 21-01-2026 घोषणाकीतारीख /Date Of Pronouncement 19-03-2026 : आदेश / O R D E R Krinwant Sahay () This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Cit(A)/Nfac, Delhi, Dated 04.12.2024, Pertaining To The Assessment Year 2021-22. The Revenue Has Challenged The Action Of The Ld. Cit(A) In Setting Aside The Assessment Order To The File Of The Assessing Officer For Fresh Adjudication.

For Appellant: Sh. B.M. Monga & Sh. Rohit Kaura (Advocates)For Respondent: Sh. Manav Bansal (CIT) Ld. DR
Section 143(2)Section 144Section 144BSection 251Section 68Section 69C

Representative (AR) for the assessee supported the order of the Ld. CIT(A), stating that the restoration of the power to remand under Section 251(1)(a) was specifically intended for cases where the merits could not be examined due to lack of representation at the lower level, and that ... remand a matter back to the AO. It is observed that the Finance Act, 2024, reintroduced the provision under Section 251(1)(a) enabling the CIT(A) to set aside an assessment and refer it back for fresh adjudication, effective from October 1, 2024. In the present case

Deputy Commissioner of Income-Tax Corporate Circle-1, Coimbatore vs. Shri. Somanur Ramaswamy Bhoopathy, Coimbatore

In the result, the appeal filed by the revenue is dismissed

ITA 4133/CHNY/2025[2016]Status: DisposedITAT Chennai17 Mar 2026

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं/.Ita No.:4133/Chny/2025 "नधा"रण वष" / Assessment Year: 2016-17 Dcit, Shri. Somanur Ramaswamy Corporate Circle – 1, Vs. Bhoopathy, Coimbatore. 21, New Lorry Stand, South Ukkadam, Coimbatore – 641 001. [Pan:Adopb-4129-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. Aroon Praasad, Addl. Cit ""यथ" क" ओर से/Respondent By : Mr. Gokul Raj, Advocate सुनवाई क" तार"ख/Date Of Hearing : 26.02.2026 घोषणा क" तार"ख/Date Of Pronouncement : 17.03.2026 आदेश/ O R D E R Per S. R. Raghunatha, Am: This Appeal By The Assessee Is Arising Out Of The Order Dated 28.10.2025, Passed By The Learned Commissioner Of Income Tax (Appeal), Nfac, Delhi (In Short “Ld.Cit(A)”) For The Assessment Year (A.Y) 2016-17 Against The Order U/S.147 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The Ao, Nfac, Delhi Dated 13.03.2024. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Engaged In The Business Of Hiring Passenger Vehicles. The Assessee Had Not Filed His Return Of Income For A.Y.2016-17 As Per Section 139 Of The Act. Based On The Information

For Appellant: Mr. Aroon Praasad, Addl. CITFor Respondent: Mr. Gokul Raj, Advocate
Section 139Section 147Section 148Section 251(1)(a)

best judgement assessment order and hence the ld.CIT(A) has set aside the assessment order and in accordance with proviso to section 251(1)(a) of the Act remitted the file to the Assessing Officer to frame the assessment afresh. Aggrieved by the impugned orders of the Ld.CIT ... assessee, has set aside the order and remitted to the Assessing Officer for framing the assessment denovo in accordance with proviso to section 251(1)(a) of the Act. Therefore, we do not find any infirmity in the order of the ld.CIT(A) and hence we dismiss the appeal

Praveen Sanjiv, Chennai vs. ITO, Ncw-7(3), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 3834/CHNY/2025[2015-16]Status: DisposedITAT Chennai17 Mar 2026AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3834/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 Praveen Sanjiv, Vs. The Income Tax Officer, No. 45, W Block, 7Th Street, Anna Non Corporate Ward 7(3), Nagar, Chennai 600 040. Chennai. [Pan: Fzzps0216R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 18.02.2026 घोषणा की तारीख /Date Of Pronouncement : 17.03.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.12.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2015-16. 2. Ground No. 1 Raised By The Assessee Is General In Nature & Requires No Adjudication.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. Gouthami Manivasagam, Addl. CIT
Section 144Section 148Section 148ASection 250(6)Section 251(1)(a)Section 56(2)(vii)Section 69

verification of details filed by the assessee, the ld. CIT(A) remanded the matter to the file of the Assessing Officer under section 251(1)(a) of the Act. As aggrieved by the said order of the ld. CIT(A), the assessee is in appeal before the Tribunal