Section 254(2) of the Income Tax Act

Income-tax Act, 2025: s.363

Section 254(2) 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(2) is CIT v. Tata Elxsi Ltd. (349 ITR 98), cited in 818 of the 902 judgments on BharatTax that turn on this section.

Leading authorities on Section 254(2)

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

Sabarkhanta Zilla Kharid Vechan Sangh Ltd. v. ClT
203 ITR 1027 · 1993 · Supreme Court
98
citing judgments

Co-operative societies or banks engaged in both agricultural and non-agricultural activities are entitled to deduction under Section 80P of the Income Tax Act, 1961, limited only to the profits derived from agricultural activities, not 100% of their gross profits.

CIT v. NIIT Ltd.
318 ITR 289 · 2009 · High Court
79
citing judgments

A composite agreement, even if charges are broken down, cannot be dissected to apply Section 194I for TDS on rent when the agreement is a business arrangement for mutual obligations.

CIT v. Chandra Vilas Hotel
164 ITR 102 · 1987 · High Court
41
citing judgments

The assessee bears the onus to establish any claim for deduction of expenditure when computing taxable income, especially when parties from whom purchases were allegedly made deny such transactions before sales tax authorities.

Jagdish Kumar Gulati v. CIT
269 ITR 71 · 2004 · High Court
39
citing judgments

An Assessing Officer (AO) is expected to conduct a detailed inquiry during assessment proceedings under Section 143(3) and should not accept the assessee's claims at face value. A failure to investigate glaring issues amounts to a lack of proper inquiry.

CIT v. Maruti Suzuki India Ltd.
313 ITR 321 · 2009 · High Court
38
citing judgments

Reassessment proceedings initiated under section 147 are invalid if the Assessing Officer fails to demonstrate the assessee's failure to make a true and full disclosure of material facts necessary for assessment. The reasons recorded for reopening must specifically allege such a failure, and mere absence of an assessment cannot justify reopening beyond four years.

CIT v. Lucas T.V.S. Limited
249 ITR 306 · 2001 · Supreme Court
36
citing judgments

For reopening an assessment, the Assessing Officer must have a reason to believe that income has escaped assessment, not merely a reason to suspect. The Assessing Officer needs tangible material to form this belief.

254(2) of the Act. In Honda Siel Power Products Ltd. v. CIT
295 ITR 466 · 2007 · Supreme Court
35
citing judgments

A mistake apparent from the record that prejudices a party is rectifiable under section 254(2) of the Act.

CIT v. Navasari Cotton and Silk Mills Ltd.
135 ITR 546 · 1982 · High Court
27
citing judgments

The assessee bears the onus to prove the genuineness of purchases, especially when suppliers have denied sales, and mere reliance on previous assessment orders is insufficient.

CIT v. Salem Co-Operative Sugar Mills Limited
229 ITR 285 · 1998 · High Court
22
citing judgments

Amounts collected by an assessee under a statutory obligation and directed to be kept in a separate account for a specific purpose, such as a molasses storage fund, do not belong to the assessee and should be excluded from its total income.

Judgments on Section 254(2)

M/S Srithik Ispat Private Limited, Sanguem vs. Assistant Commissioner of Income Tax, Circle - 2(1), Panaji

The appeal of the assessee is DISMISSED as withdrawn

ITA 278/PAN/2019[2015-16]Status: DisposedITAT Panaji27 Oct 2025AY 2015-16

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliआयकर अपील सं. Ita No. 278/Pan/2019 निर्धारण वर्ा / Assessment Year : 2015-16 M/S Srithik Ispat Pvt. Ltd. Plot No. 03, Sangam Industrial Estate, Sanguem, Goa-403704. Pan : Aaics1765P . . . . . . . Appellant बिधम / V/S Asstt. Commissioner Of Income Tax Circle-2(1), Panaji. . . . . . . . Respondent द्वधरध / Appearances Assessee By : None For The Assessee Revenue By : Mr Madesha [‘Ld. Dr’] सुिवधई की तधरीख / Date Of Conclusive Hearing : 27/10/2025 घोर्णध की तधरीख / Date Of Pronouncement : 27/10/2025 आदेश / Order Per G. D. Padmahshali, Am; The Present Appeal Of The Assessee Is Instituted U/S 253(1) Of The Income Tax Act, 1961 [‘The Act’ In Short] Challenging The Order Dt. 30/08/2019 Passed By The Commissioner Of Appeals, Panaji-1, Goa [‘Ld. Cit(A)’ In Short] U/S 250 Of The Act Which In Turn Arisen From The Order Of Assessment Dt. 29/12/2017 Passed U/S 143(3) Of The Act By The Asstt. Commissioner Of Income Tax, Circle 2(1), Panaji [‘Ld. Ao’ In Short] Anent To Assessment Year 2015-16 [‘Ay’ In Short]

For Appellant: None for the AssesseeFor Respondent: Mr Madesha [‘Ld. DR’]
Section 143(3)Section 250Section 253(1)Section 254

Mahipal Yadav -Through Sunita (L/H)., Delhi vs. ITO, Ward 43(1), New Delhi

In the result, impugned order is modified to the extent of disallowance made u/s

ITA 1659/DEL/2025[2018-19]Status: DisposedITAT Delhi27 Oct 2025AY 2018-19

Bench: Shri Vikas Awasthyआअसं.1659/िद"ी/2025 (िन.व. 2018-19) Mahipal Yadav, Through Sunita Legal Heir, C/O Ca M.R Sahu, House No. 651, 1St Floor, Sector-10A, Nr. G.D Goenka Public School, ...... अपीलाथ"/Appellant Gurgaon, Haryana 122001 Pan: Abypy-4143-R बनाम Vs. Income Tax Officer, R. No. 1709, 17Th Floor, E-2, Block Civic Centre, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri M. R Sahu, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), 15, Delhi [In Short ‘The Cit(A)’] Dated 31.01.2025, For Assessment Year 2018-19. 2. Shri M. R Sahu, Appearing On Behalf Of The Assessee Narrating Facts Of The Case Submitted That The Addition Was Made By The Cpc U/S.143(1) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Disallowing Assessee’S Claim U/S.23(1)(Va) Of The Act For Contribution Made Towards To Provident Fund (Pf) &

For Appellant: Shri M. R Sahu, Chartered AccountantFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 143(1)Section 154Section 23(1)(va)Section 36(1)(va)

Mr. Rohit Vallabhdas Shah, Mumbai vs. ITO Ward 32(3)(2), Mumbai

In the result, appeal of the assessee is dismissed

ITA 1910/MUM/2025[2010-11]Status: DisposedITAT Mumbai22 Sept 2025AY 2010-11

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2010-11 Rohit Vallabhdas Shah Income Tax Officer, B-303, Dwarka Apartment Ward 32(3)(2), Vs. Daulat Nagar, Borivali, Mumbai Mumbai – 400066 (Pan: Accps2392B) (Assessee) (Respondent) Present For: Assessee : Shri Gunjan Kakkad, Advocate Revenue : Shri Annavaram Kosuri, Sr. Dr Date Of Hearing : 22.07.2025 Date Of Pronouncement : 22.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Ld. Pcit-32, Mumbai, Vide Order Dated 25.03.2019 Passed Against The Assessment Order By Income Tax Officer, Ward-32(3)(2), Mumbai, U/S. 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 17.06.2016 For Assessment Year 2010-11. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax Has Erred In Setting Aside The Assessment Order By Exercising Powers Under Section 263 Of The Income-Tax Act, 1961 ("The Act"). 2. On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax Failed To Appreciate That The View Of The Assessing Officer Could Have Been Substituted In Exercise Of Powers Under Section 263 Of The Act. 3. On The Facts & Circumstances Of The Case & In Law, The View Taken By The Assessing Officer Was A Plausible View & Thus, The Commissioner Has Erred In Invoking The Powers Under Section 263 Of The Act. 4. On The Facts & Circumstances Of The Case & In Law, The Commissioner Could Not Have Set Aside The Assessment Order.

For Appellant: Shri Gunjan Kakkad, AdvocateFor Respondent: Shri Annavaram Kosuri, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 263