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“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)

Paresh Prashant Bhide, Pune vs. Ward 12(1), Pune, Dgit(Investigation)

In the result, appeal of the assessee is allowed for statistical purpose

ITA 3357/PUN/2025[2022-23]Status: DisposedITAT Pune16 Feb 2026AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.3357/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Paresh Prashant Bhide, V Ward-12(1), Pune. Flat No.206, Ij Wing, S Meghmalhar, Dsk Vishwa, Dhayari, Pune – 411041. Pan: Bwjpb6765M Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sadananda – Jcit(Dr) Date Of Hearing 12/12/2026 Date Of Pronouncement 16/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23 Dated 14.10.2025 Emanating From The Assessment Order Passed Under Section 143(1) Of The I.T.Act, Dated 22.12.2022. The Assessee Has Raised The Following Grounds Of Appeal : “1. Incorrect Business Income:

Section 1Section 143Section 143(1)Section 144Section 250Section 250(4)Section 250(6)Section 251(1)(a)

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-prosecution of the appeal by the assessee. This is amply clear from the Section 251(1)(a) and (b) and Explanation to Section 251(2) of the Act which requires the CIT(A) to apply his mind to all the issues which arise

Ashok Narayan Satav, Pune vs. Income Tax Officer. Ward 12(3), Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 3355/PUN/2025[2017-18]Status: DisposedITAT Pune16 Feb 2026AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.3355/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Ashok Narayan Satav, V The Income Tax Near Datta Mandir, Wadjai, S Officer, Ward-12(3), Wagholi, Haveli, Pune. Pune – 412207. Pan: Aypps9425G Appellant/ Assessee Respondent /Revenue Assessee By Shri Deepak S Sasar Revenue By Shri Sadananda – Jcit(Dr) Date Of Hearing 12/12/2026 Date Of Pronouncement 16/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 29.10.2025 Emanating From The Assessment Order Passed Under Section 147 R.W.S 144 Of The I.T.Act, Dated 10.05.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Hon. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre Has Wrongly Confirmed The Addition Made By

Section 115BSection 139Section 144Section 147Section 148Section 148ASection 250Section 251(1)(a)Section 69C

Commissioner of Income Tax (Appeals), National Faceless Appeal Centre erroneously dismissed the Appeal without considering the newly inserted proviso to Section 251(1)(a) by the Finance (No. 2) Act, 2024. This Proviso compulsorily mandate that where Appeal is against order of Assessment made u/s. 144, such order should

Navnath Pitambar Pawar, Solapur vs. ITO Ward 2, Pandharpur

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1286/PUN/2025[2015-16]Status: DisposedITAT Pune16 Feb 2026AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.3357/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Paresh Prashant Bhide, V Ward-12(1), Pune. Flat No.206, Ij Wing, S Meghmalhar, Dsk Vishwa, Dhayari, Pune – 411041. Pan: Bwjpb6765M Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sadananda – Jcit(Dr) Date Of Hearing 12/12/2026 Date Of Pronouncement 16/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23 Dated 14.10.2025 Emanating From The Assessment Order Passed Under Section 143(1) Of The I.T.Act, Dated 22.12.2022. The Assessee Has Raised The Following Grounds Of Appeal : “1. Incorrect Business Income:

Section 1Section 143Section 143(1)Section 144Section 250Section 250(4)Section 250(6)Section 251(1)(a)

stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance ... dismiss the appeal on account of non-prosecution of the appeal by the assessee. This is amply clear from the Section 251(1)(a) and (b) and Explanation to Section 251(2) of the Act which requires the CIT(A) to apply his mind to all the issues which arise

M/S. Armstrong Energy Pvt Ltd, Mumbai vs. The DCIT 6(1)(1), Mumbai

ITA 3395/MUM/2025[2008-09]Status: DisposedITAT Mumbai16 Feb 2026AY 2008-09

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankarm/S Armstrong Energy Pvt. Vs. Dcit 6(1) (1), Mumbai Ltd. Room No. 504, 5Th 5Th Floor, Militia Apartment, Floor, Aayakar Bhavan, Mathur Pakhadi Road, M.K. Road, Mazgaon, Mumbai 400020 Mumbai - 400010 Pan/Gir No. Aafca3807R (Applicant) (Respondent) Acit 6(1) (1), Mumbai Vs. M/S Armstrong Energy Pvt. Room No. 504, 5Th Floor, Ltd. Aayakar Bhavan, M.K. 5Th Floor, Militia Road, Apartment, Mathur Mumbai 400020 Pakhadi Road, Mazgaon, Mumbai - 400010 Pan/Gir No. Aafca3807R (Applicant) (Respondent) Assessee By Shri Nishit Gandhi Revenue By Shri Rajesh Kumar Yadav (Cit-Dr) Date Of Hearing 10.12.2025 Date Of Pronouncement 16.02.2026 आदेश / Order Per Sandeep Gosain, Jm: M/S. Armstrong Energy Pvt. Ltd.

Section 143(1)Section 143(3)Section 144Section 147Section 148Section 151(2)Section 251(1)(a)Section 68

erred in setting aside the assessment order to the assessing officer for fresh assessment by applying the provisions of section 251(1)(a) of the Income Tax Act, 1961. The section 251(1)(a) is not applicable to the appellant as original assessment order was passed u/s 143(3) r.w.s ... section 251(1)(a) is applicable only in cases where assessment order is passed u/s 144 of the IT Act, 1961. The set aside by the CIT(A) is totally bad in law 2. On the facts and circumstances of the case