Section 251 of the Income Tax Act

Income-tax Act, 2025: s.360

Section 251 of the Income-tax Act, 1961 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 is CIT v. Sardari Lal & Co. (251 ITR 864), cited in 240 of the 1,124 judgments on BharatTax that turn on this section.

Leading authorities on Section 251

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. Rai Bahadur Hardutroy Motilal Chamaria
66 ITR 443 · 1967 · Supreme Court
239
citing judgments

The appellate authority cannot enhance an assessment by considering a source of income that was not examined by the Assessing Officer. The scope of appellate power is limited to the subject matter considered by the Assessing Officer.

Vodafone International Holdings BV v. Union of India
6 SCC 613 · 2012 · Supreme Court
216
citing judgments

Tax planning is legitimate only if it is within the framework of law. Colourable devices cannot be part of tax planning, and it is wrong to encourage avoiding tax through dubious methods.

CIT v. Nirbheram Daluram
224 ITR 610 · 1997 · Supreme Court
141
citing judgments

The appellate authority, while hearing an appeal, possesses all the powers that the original assessing authority had, unless restricted by statute. This means the appellate authority can modify an assessment order on an additional ground not raised before the assessing officer.

ITO v. Murlidhar Bhagwan Das
52 ITR 335 · 1964 · Supreme Court
100
citing judgments

The Supreme Court clarified that an appellate authority's 'finding' must be essential for disposing of the appeal for the relevant assessment year, not an incidental observation about another year's income. Appellate authorities cannot issue directions on matters not directly arising in the appeal for the specific assessment year, especially regarding escaped income, which has separate statutory mechanisms.

Peass Industrial Engineers (P) Ltd. v. DCIT
90 Taxmann 541 · 1997 · Supreme Court
79
citing judgments
CIT v. Smt. Suraj Devi
328 ITR 604 · 2010 · High Court
58
citing judgments

The primary burden of proof for concealment of income lies with the revenue, and a DVO valuation report can only be relied upon after the revenue has discharged this initial burden.

India Trade Promotion Organisation v. CIT
361 ITR 646 · 2014 · High Court
54
citing judgments

When a refund is due to an assessee under Section 244A, the amount must first be adjusted towards the interest payable on such refund, with the balance then adjusted against the tax amount refundable. This follows the principle of Section 140A(1) and means "any amount" in Section 244A includes accrued interest.

CIT v. Imperial Chemical Industries (I) Pvt Ltd.
74 ITR 17 · 1969 · Supreme Court
53
citing judgments

The assessee bears the onus to prove the veracity of claimed expenses. Income diverted by an overriding obligation before it is earned does not form part of the assessee's total income.

(4) ClT v. Manoj Jain
287 ITR 285 · 2006 · High Court
48
citing judgments

A District Valuation Officer (DVO) report, by itself, is not sufficient incriminating evidence to make additions for unexplained investments in a block assessment under Section 158BC. The revenue bears the primary burden of proof to establish undisclosed income, and a DVO opinion alone is also insufficient information for reopening an assessment under Section 147.

Judgments on Section 251

The Jute Corporation of India Ltd., Kolkata vs. DCIT, Cir-1, Kolkta, Kolkata

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 73/KOL/2016[2009-2010]Status: DisposedITAT Kolkata06 Apr 2018AY 2009-2010

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 73/Kol/2016 Assessment Year: 2009-10 The Jute Corporation Of India Ltd...............................…………………………....Appellant Hudco Building, 7Th Floor, 15N, Nellie Sengupta Sarani, Kolkata – 700 087 [Pan: Aabct 8820 B] Commissioner Of Income Tax (A)-1, Kolkata...................………………….Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata – 700 069 Appearances By: Shri Biswajit Syam, Fca Appeared On Behalf Of The Assessee. Md. Usman, Cit(Dr) Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : April 02, 2018 Date Of Pronouncing The Order : April 06, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(Appeals) – 1, Kolkata Dated 16.11.2015. 2. Ground No. 1 Raised By The Assessee In This Appeal Reads As Under: “For That The Ld. Cit(A) Was Not Justified In Rejecting The Claim Of Rs. 61,65,976/- Made By The Appellant On Account Of Payment Of Liabilities Towards Settlement Of Claims For Short Weight & Quality For Supply Of Raw Jute To Its Customers. Although In His Order He Has Referred To The Remand Report Of Ito-1(3), A.O., Wherein It Was Specifically Stated That Ledger Copies, Vis-A-Vis Payment Schedules Has Been Duly Verified By Him (A.O.) & Statement Showing Year Wise Breakup Of Payments Made To Different Customers. The Extract Of A.O.-Ito-1(3) In His Remand Report No. Ito/Ward- 1(3)/Kol/Remand/Jute/14-15/48 Dated 04.08.2014 Is Produced ‘Stated That Payments Of Rs. 61,65,976/- Has Been Verified By Him Out Of Total

Section 143(3)

DCIT, Cir-8(1), Kolkata vs. M/S Eih Ltd., Kolkata

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

ITA 356/KOL/2016[2001-2002]Status: DisposedITAT Kolkata15 Dec 2017AY 2001-2002

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.356& 338/Kol/2016 (िनधा"रणवष" / Assessment Year: 2001-02&2006-07) Vs. M/S Eih Ltd. Dcit, Cir-8(1), Kolkata Aayakar Bhawan, 5Th Floor, P-7, Chowringhee 4, Mangoe Lane, Kolkata – 1. Sq., Kolkata- 69. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaace 6898 B (Appellant) .. (Respondent) Appellant By : Shri Arindam Bhattacharjee, Addl. Cit Respondent By : Shri Asim Chaudhury, Advocate. सुनवाईकीतारीख/ Date Of Hearing : 12/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 15/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Revenue, Pertaining To Assessment Years2001-02 & 2006-07, Are Directed Against The Orders Passed By The Ld Commissioner Of Income Tax (Appeals)-16,Kolkata. 2.The Grounds Of Appeal Raised By The Revenue (In Ita No.338/Kol/2016) Are As Under: “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has The Power U/S 251 Of The Income Tax Act To Accept The Claim Of The Assessee For Amending The Return Except Otherwise Than By Filing A Revised Return. 2. That The Appellant Reserves The Right To Amend, Alter Or Add To Any Ground(S) Of Appeal Before Or At The Time Of Hearing Of The Appeal.” 3.The Brief Facts Qua The Issue Are That Theassessee Filed Its Return Of Fringe Benefits On 27.11.2006 Showing Value Of Fringe Benefit At Rs.8,28,82,508/- & The Same Was Processed U/S 115We Of The I.T. Act, 1961. Thereafter, Notice U/S 115We(2) R.W.S 142(1) Of The Act, Was Issued To The Assessee. During The Assessment Proceedings, The Assessee Claimed That Expenditure Of Rs.2,24,48,941/- Was Incurred On Uniform Of Employees On Office Duty Is Not Liable To Be Considered For M/S Eih Ltd.

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Asim Chaudhury, Advocate
Section 115WSection 251

DCIT, Cir-8(1), Kolkata vs. M/S Eih Ltd., Kolkata

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

ITA 338/KOL/2016[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.356& 338/Kol/2016 (िनधा"रणवष" / Assessment Year: 2001-02&2006-07) Vs. M/S Eih Ltd. Dcit, Cir-8(1), Kolkata Aayakar Bhawan, 5Th Floor, P-7, Chowringhee 4, Mangoe Lane, Kolkata – 1. Sq., Kolkata- 69. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaace 6898 B (Appellant) .. (Respondent) Appellant By : Shri Arindam Bhattacharjee, Addl. Cit Respondent By : Shri Asim Chaudhury, Advocate. सुनवाईकीतारीख/ Date Of Hearing : 12/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 15/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Revenue, Pertaining To Assessment Years2001-02 & 2006-07, Are Directed Against The Orders Passed By The Ld Commissioner Of Income Tax (Appeals)-16,Kolkata. 2.The Grounds Of Appeal Raised By The Revenue (In Ita No.338/Kol/2016) Are As Under: “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has The Power U/S 251 Of The Income Tax Act To Accept The Claim Of The Assessee For Amending The Return Except Otherwise Than By Filing A Revised Return. 2. That The Appellant Reserves The Right To Amend, Alter Or Add To Any Ground(S) Of Appeal Before Or At The Time Of Hearing Of The Appeal.” 3.The Brief Facts Qua The Issue Are That Theassessee Filed Its Return Of Fringe Benefits On 27.11.2006 Showing Value Of Fringe Benefit At Rs.8,28,82,508/- & The Same Was Processed U/S 115We Of The I.T. Act, 1961. Thereafter, Notice U/S 115We(2) R.W.S 142(1) Of The Act, Was Issued To The Assessee. During The Assessment Proceedings, The Assessee Claimed That Expenditure Of Rs.2,24,48,941/- Was Incurred On Uniform Of Employees On Office Duty Is Not Liable To Be Considered For M/S Eih Ltd.

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Asim Chaudhury, Advocate
Section 115WSection 251