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)

M/S Trimurty Buildcon Pvt. Ltd., Jaipur vs. Income Tax Officer, Ward-2-2, Jaipur

In the result, this appeal of the assessee is allowed

ITA 1194/JPR/2018[2013-14]Status: DisposedITAT Jaipur06 Apr 2021AY 2013-14

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1194/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2013-14 M/S Trimurty Buildcon Pvt. Ltd., Cuke I.T.O. Vs. 601, Geeta Enclave, Vinobha Ward 2(2) Marg, C-Scheme, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabct 7285 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Rohan Sogani (Ca) & Shri Rajeev Sogani (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 23/03/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 06/04/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- I, Jaipur Dated 13/09/2018 For The A.Y. 2013-14 In The Matter Of Order Passed U/S 143(3) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. (A) In The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Enhancing The Income By Disallowing Interest Expenditure Of Rs. 53,78,282. The Action Of The Ld. Cit(A) Is Illegal, Unjustified, Arbitrary & Against The Facts Of The Case. Relief May Please Be Granted By Allowing The Said Expenditure Of Rs. 53,78,282. (B) In The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Exercising The Powers Of Enhancement Under Section 251(1)(A).

For Appellant: Shri Rohan Sogani (CA) &For Respondent: Smt. Monisha Choudhary (Addl.CIT)
Section 143(3)Section 147Section 14ASection 251Section 251(1)(a)Section 263Section 36(1)(iii)