Section 251(1)(a) of the Income Tax Act

Income-tax Act, 2025: s.360

Section 251(1)(a) falls under section 251 of the Income-tax Act, 1961, which corresponds to section 360 (Powers of Joint Commissioner (Appeals) or Commissioner (Appeals)) of the Income-tax Act, 2025.

Read section 360 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 251(1)(a) is CIT v. Premkumar Arjundas Luthra (HUF) (297 CTR 614), cited in 659 of the 935 judgments on BharatTax that turn on this section.

Leading authorities on Section 251(1)(a)

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.

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.

Chandra Kishore Jha v. Mahavir Prasad
8 SCC 266 · 1999 · Supreme Court
163
citing judgments

If a statute or law prescribes that a thing must be done in a particular manner, then it must be done in that manner alone and in no other way. This principle mandates strict adherence to statutory procedures.

Commissioner of Income-tax (Central) Nagpur v. Premkumar Arjundas Luthra (HUF)
69 Taxmann.com 407 · 2016 · High Court
159
citing judgments

The Commissioner (Appeals) cannot dismiss an appeal for non-prosecution; the law does not empower them to do so. The appeal must be decided on merits and in writing, stating points for determination, decision, and reasons.

CIT v. Union Tyres
240 ITR 556 · 1999 · High Court
135
citing judgments

The first appellate authority, the Commissioner (Appeals), cannot enhance an assessment by considering a new scope or source of income that was not part of the original assessment proceedings. Its power to enhance under Section 251(1)(a) is restricted to what was originally assessed.

CIT v. B.R. Constructions
202 ITR 222 · 1993 · High Court
90
citing judgments

A judicial decision that is purely an estimation exercise not backed by any legal proposition does not form a binding judicial precedent.

Kone Elevator India P. Ltd. v. ITO
340 ITR 454 · 2012 · High Court
86
citing judgments

When taxable income has escaped assessment, the assessee's plea that no fresh material is before the assessing officer to warrant reopening is not relevant.

CIT-10 v. North Karnataka Expressway Ltd.
51 Taxmann.com 214 · 2014 · High Court
30
citing judgments

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.

Narrondas Manordas v. CIT
29 ITR 748 · 1956 · Reported
14
citing judgments

The Appellate Assistant Commissioner's power of enhancement is limited to the income that was the subject matter of the assessment by the Income-tax Officer.

Judgments on Section 251(1)(a)

JCIT, Trichy vs. The Tiruchirapalli District Central Co-Operative Bank Ltd, Trichy

In the result, the appeal of the Revenue is dismissed with the above observations

ITA 1499/CHNY/2026[2020-21]Status: DisposedITAT Chennai29 Jul 2026AY 2020-21

Bench: Honourable George George K. & Shri Gagan Goyalआयकर अपील सं./Ita No. 1499/Chny/2026 ननिाजरण वर्ज /Assessment Years: 2020-21 Joint Commissioner Of Income Tax, V. The Tiruchirappalli District Circle-1, Central Cooperative Bank Ltd., Trichy. No.324, Fort Station Road Trichy, Tiruchirappalli, Tamil Nadu – 620 002. [Pan: Aaaat5036C] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. N. Arjun Raj, Advocate, Ld. Ar प्रत्यर्थी की ओर से /Revenue By : Mr. Shiva Srinivas, Cit, Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 03.07.2026 घोषणाकीतारीख /Date Of Pronouncement : 29.07.2026 आदेश / O R D E R Per Gagan Goyal, Am: This Is An Appeal Preferred By The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A), / Nfac, (Hereinafter Referred As The ‘Ld. Cit(A)’), Delhi Dated 22.01.2026 For The Assessment Year (Hereinafter Referred As The ‘Ay’) 2020-21. Grounds Of Appeal (1) The Order Of The Ld. Cit (A) Is Opposed To Law On The Facts & In The Circumstances Of The Case. (2) The Ld. Cit (A) Failed To Consider The Provision Of Clause (A) Of Section 251(1) Of The Act In Which Assessment Made U/S 144 Alone Can Be Set-Aside & Refer Back To The Assessing Officer For Making Fresh Assessment. (3) The Ld. Cit (A) Erred By Setting Aside & Referring Back To The Assessing Officer In The Instant Case Which Was Made U/S 143(3) Read With Section 144B Of The Act.

For Appellant: Mr. N. Arjun Raj, AdvocateFor Respondent: Mr. Shiva Srinivas, CIT, Ld. DR
Section 143(3)Section 144Section 144BSection 201Section 251(1)Section 40