Section 251(1) of the Income Tax Act
Income-tax Act, 2025: s.360
Section 251(1) 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) is PCIT v. Chain House International (P) Ltd. (98 Taxmann.com 47), cited in 104 of the 160 judgments on BharatTax that turn on this section.
Leading authorities on Section 251(1)
The Assessing Officer cannot arbitrarily reject a share valuation report prepared by an expert using recognized methods like NAV or DCF for the purpose of Section 56(2)(viib) without providing valid reasons to demonstrate its perversity or unreasonableness.
When an assessee company receives share application money or unsecured loans and provides the identity of the shareholders or creditors to the Assessing Officer, the amount cannot be treated as the assessee's undisclosed income under Section 68. The Income Tax Department must instead proceed against the alleged bogus shareholders or creditors individually.
The Assessing Officer cannot reject the share valuation method adopted by an assessee under Section 56(2)(viib) if it adheres to prescribed methodologies and commercial prudence. The valuation cannot be challenged based on future performance or by substituting another method.
External Development Charges (EDC) paid by a developer to a government body like Haryana Shahari Vikas Pradhikaran (HSVP) for a development project are contractual payments, making them liable for tax deduction at source under Section 194C of the Income-tax Act, 1961.
The case is cited for the proposition that assessees must produce requisite documents, including confirmation of ITR, balance sheets, and bank accounts, to satisfy the ingredients of Section 68 of the Income Tax Act. Failure to do so can lead to adverse inferences.
The Delhi High Court confirms that when shares are issued at a premium to investors, the valuation of such shares must be assessed based on established methods like the NAV or DCF method, and the revenue cannot arbitrarily determine the fair market value.
An assessee must produce requisite original documents, including confirmation of ITR, balance sheet, and bank accounts, to satisfy the ingredients of Section 68 of the Income Tax Act and discharge their burden.
