Section 254(1) of the Income Tax Act

Income-tax Act, 2025: s.363

Section 254(1) falls under section 254 of the Income-tax Act, 1961, which corresponds to section 363 (Orders of Appellate Tribunal) of the Income-tax Act, 2025.

Read section 363 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 254(1) is S. Ranganathan J in Yadu Hari Dalmia v. Commissioner of Income Tax, Delhi (Central) (126 ITR 48), cited in 77 of the 1,265 judgments on BharatTax that turn on this section.

Leading authorities on Section 254(1)

S. Ranganathan J in Yadu Hari Dalmia v. Commissioner of Income Tax, Delhi (Central)
126 ITR 48 · 1980 · High Court
77
citing judgments

Section 68 was introduced to codify and clarify existing judicial principles regarding unexplained cash credits and to plug loopholes, rather than to introduce entirely new law. The Assessing Officer must conduct exhaustive inquiries and gather material before making any additions for unexplained credits.

Dishman Pharmaceuticals and Chemicals Ltd. v. DCIT (OSD), Ahmedabad
346 ITR 228 · 2012 · High Court
74
citing judgments

For a valid reassessment under Section 147, the Assessing Officer must record substantive reasons to believe income has escaped assessment, as a mere boilerplate statement of non-disclosure or non-filing is insufficient. Furthermore, a taxpayer's disclosure is not considered full and true if it requires further inquiry by the AO to ascertain material details, especially under Explanation 1 to Section 147.

National Thermal Power Corporation v. CIT
367 ITR 85 · 2014 · High Court
62
citing judgments

The Assessing Officer must consider fresh claims made during assessment proceedings, as income tax proceedings are not adversarial and income should be computed according to law, unless a statutory bar exists. The Supreme Court's decision in Goetze (India) Ltd. does not restrict appellate authorities from entertaining new claims.

STATE OF GUJARAT v. UTILITY USERS WELFARE ASSOCIATION
6 SCC 21 · 2018 · Reported
53
citing judgments
Delhi in CIT v. Best Plastics (P) Ltd.
295 ITR 256 · 2007 · High Court
41
citing judgments

Assessment orders passed by an Assessing Officer are liable to be set aside if they disregard binding instructions or circulars issued by the Central Board of Direct Taxes (CBDT), especially concerning the selection of returns for scrutiny. The CBDT circulars are binding on all officers of the Income-tax department.

CIT v. Jeoffrey Manners & Co. Ltd.
180 Taxmann 87 · 2009 · High Court
40
citing judgments

Expenditure incurred for making advertisement films is revenue expenditure if it relates to an ongoing business. However, if the expenditure is for a brand to be used in a business yet to commence, it is capital expenditure.

Gillanders Arbuthnot & Co. Ltd. v. CIT
53 ITR 283 · 1964 · Supreme Court
29
citing judgments

Payment received for refraining from carrying on a competitive business is treated as a capital receipt. High Courts may misinterpret prior Supreme Court judgments like Gillanders Arbuthnot & Co. Ltd. in their decisions.

Jayvant Singh Vaghela v. ITO
40 Taxmann.com 491 · 2013 · High Court
26
citing judgments

Appeals should normally be decided on merits rather than dismissed on technical grounds like delay, unless there is gross negligence or mala fide intention by the assessee.

CIT v. Associated Cables P. Ltd.
286 ITR 596 · 2006 · High Court
25
citing judgments

Retention money withheld by a contractee is not taxable in the year it is retained, but only in the year the obligations under the contract are fulfilled and the amount becomes due to the assessee.

CIT v. Devdas Naik
366 ITR 12 · 2014 · High Court
25
citing judgments

Deduction under Section 54 or 54F for capital gains can be allowed even if multiple residential units are acquired, provided they are used as a single residential unit or can be combined into one for the purpose of residence.

Judgments on Section 254(1)

Monarch Co-Op Credit Society Limited, Andheri vs. Income Tax Officer, Ward 41(4)(2), Mumbai, Bandra

In the result, the ground of appeal raised by the assessee is allowed

ITA 5594/MUM/2026[2017-18]Status: DisposedITAT Mumbai30 Sept 2026AY 2017-18

Bench: Shri Pawan Singh & Shri Jagadish(Physicalhearing) Monarch Co-Op Credit Society Ito, Ward – 41(4)(2), Mumbai Limitedshop No. 7, Appolo Arcade, R Vs Kautilya Bhavan Near Videsh K Singh Marg, Andheri (E), Mumbai – Bhavan, G Block Bkc, Bandra 400709. (East), Mumbai – 400051. [Pan: Aaicm3254F] Appellant / Assessee Respondent / Revenue Assessee By Ms. Dinkle Hariya, Advocate Revenue By Ms. Jayshree Thakur, Sr. Dr Date Of Institution 07.05.2026 Date Of Hearing 06.08.2026 Date Of Pronouncement 30.09.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac, Delhidated 27.03.2026 For Assessment Year (Ay) 2017-18. The Assessee Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A), Nfac Has Erred In Affirming With The Ld. Assessing Officer In Disallowing Deduction U/S 80P(2)(A)(I). 2. Your Appellant Further Reserves The Rights To Add, Amend Or Alter The Aforesaid Grounds Of Appeal As They May Think Fit By Themselves Or By Their Representatives.” 2. Rival Submissions Of Both The Parties Have Been Heard & The Record Perused.The Learned Authorised Representative (Ld. Ar) Of The Assessee Submits That The Assessee Is A Cooperative Credit Society. The Assessee Is Engaged In The Business Of Accepting Deposits & Providing Credit Facilities To Its Members. The Case Of The Assessee Was Reopened On The Basis Of Information That The Assessee Has Made Cash Deposits & No Monarch Co-Op Credit Society Limited

Section 144Section 254(1)Section 80ASection 80PSection 80P(2)(a)

Anas Mohammed Asif Teli, Mumbai vs. Deputy Commissioner of Income Tax, Mumbai

In the result, appeal filed by assessee is dismissed as withdrawn

ITA 5673/MUM/2026[2019-20]Status: DisposedITAT Mumbai07 Aug 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Jagadish(Physical Hearing) Anas Mohammed Asif Teli Dcit,Central Circle – 4(2), Mumbai Plot No. 1329, 1330 Bi Flat No. Vs Kautilya Bhavan Bkc, Bandra East, 1701, 17Th Floor, Mumbai Central, Mumbai – 400051. Nagpada, Mumbai – 400008. [Pan: Bylpt3376A] Appellant / Assessee Respondent / Revenue Assessee By Shri Hiren Raut, Advocate Revenue By Ms. Jayshree Thakur, Sr. Dr Date Of Hearing 07.08.2026 Date Of Pronouncement 07.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A) Dated 11.10.2025 For Assessment Year (Ay) 2019-20. 2. The Learned Authorised Representative (Ld. Ar) Of The Assessee Submits That By Mistake, The Assessee Has Filed Duplicate Appeal For Same Assessment Year. The Other Appeal Is Registered As Ita No. 8585/Mum/2025 Against The Same Impugned Order, Wherein Relief Is Allowed To The Assessee. Hence, The Assessee May Be Allowed To Withdraw The Appeal. 3. On The Other Hand, The Learned Senior Departmental Representative (Ld. Sr. Dr) For The Revenue Not Opposed The Request Of Ld. Ar Of The Assessee. 4. Considering The Request Of Ld. Ar Of The Assessee, This Appeal Of Assessee Is Dismissed As Withdrawn. Anas Mohammed Asif Teli 5. In The Result, Appeal Filed By Assessee Is Dismissed As Withdrawn.

Section 254(1)

Rakesh Balkrishna More, Thane vs. Income Tax Officer, Kalyan

In the result, the grounds of appeal allowed for statistical purpose

ITA 5534/MUM/2026[2019-20]Status: DisposedITAT Mumbai06 Aug 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Jagadish(Physicalhearing) Rakesh Balkrishna More Income Tax Officer, Kalyan 2Nd Floor, Opp. Laxmi Market, Near Vs 2Nd Floor, Rani Mansion, Murbad Jarimari Temple, Kalyan-Dombivali, Road, Kalyan, Kalyan-Dombivali, Maharashtra – 421301. Maharashtra – 421301. [Pan: Aikpm5900F] Appellant / Assessee Respondent / Revenue Assessee By Shri Prashant Ramesh Shinkar, Advocate Revenue By Ms. Jayshree Thakur, Sr. Dr Date Of Hearing 06.08.2026 Date Of Pronouncement 06.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfacdated 10.03.2026 For Assessment Year (Ay) 2019-20. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case & In The Law, The Order Under Section 250 Of The I.T. Act, 1961, Passed By Hon'Ble Commissioner Of Income-Tax (Appeals) Is Invalid & Bad In Law. 2. On The Facts & In Circumstances Of The Case & In Law, Hon'Ble Commissioner Of Income-Tax (Appeals) Erred In Dismissing An Appeal By Finding No Infirmity In The Assessment Order & Dismissing All The Grounds Of Appeal Raised By The Appellant. 3. On The Facts & In Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Making An Addition Of Rs.1,95,935/-To The Declared Total Income, Being Disallowance Of Expense U/S 40A(3) Of The Income-Tax Act 1961, Although An Appellant Has Valid Explanation For Not Taxing The Same. 4. On The Facts & In Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Relying On The Information Disseminated During The Rakesh Balkrishna More

Section 133ASection 144Section 234ASection 250Section 254(1)Section 270ASection 272A(1)(d)Section 40A(3)

Sneha Jayendra Padwal, Mumbai vs. Commissioner of Income-Tax (Appeals), Mumbai, Piramal Chamber

In the result, appeal filed by assessee is dismissed as withdrawn

ITA 5517/MUM/2026[2017-18]Status: DisposedITAT Mumbai05 Aug 2026AY 2017-18

Bench: Shri Pawan Singh & Shri Jagadish(Physical Hearing) Sneha Jayendra Padwal Ito, Ward – 41(4(4), Mumbai Room No. 2, Waygankar Chal, New Vs Room No. 854D, Kautilya Bhawan, Deepak Wadi Khar East, C-41 To C-43, G Block, Bandra Mumbai – 400051. Kurla Complex, Bandra (East), [Pan: Cgupp8588C] Mumbai – 400051. Appellant / Assessee Respondent / Revenue Assessee By Shri Vishwas Sawant, Advocate Revenue By Ms. Jayshree Thakur, Sr. Dr Date Of Hearing 05.08.2026 Date Of Pronouncement 05.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)Dated 30.06.2025 For Assessment Year (Ay) 2017-18. 2. The Learned Authorised Representative (Ld. Ar) Of The Assessee Submits That By Mistake, The Assessee Has Filed Duplicate Appeal For Same Assessment Year. The Other Appeal Is Registered As Ita No. 5571/Mum/2026 Against The Same Impugned Order. Hence, The Assessee May Be Allowed To Withdraw The Appeal. 3. On The Other Hand, The Learned Senior Departmental Representative (Ld. Sr. Dr) For The Revenue Not Opposed The Request Of Ld. Ar Of The Assessee. Considering The Request Of Ld. Ar Of The Assessee, This Appeal Of Assessee Is Dismissed As Withdrawn. Sneha Jayendra Padwal

Section 254(1)