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)

Leela Dutt Sharma, Chandigarh vs. Income Tax Officer, Ward 5(5), Chandigarh

In the result, appeal of the assessee is dismissed as withdrawn

ITA 929/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh25 Feb 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 929/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 Leela Dutt Sharma, The Ito, बनाम Scf No. 566, Kesho Ram Ward 5 (5), Complex, Chandigarh Vs. Burail, Chandigarh "थायी लेखा सं./Pan No: Apaps8338G अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा""रती क" ओर से/Assessee By : None (Withdrawal Application) राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 25.02.2025 आदेश/Order Per Bench : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 16.08.2024 Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2017-18. 2. During The Proceedings, None Appeared On Behalf Of The Assessee. However, An Application Dated 30.01.2025 Has Been Filed By The Assessee For Withdrawal Of This Appeal On The 929-Chd-2024 Leela Dutt Sharma, Chandigarh

For Appellant: None (Withdrawal Application)For Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 254(2)

Vijay Sharma, Ropar vs. Income Tax Officer Ward 2(4) Ropar, Ropar

In the result, appeal of the assessee is dismissed as withdrawn

ITA 724/CHANDI/2024[2013-14]Status: DisposedITAT Chandigarh25 Feb 2025AY 2013-14

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 724/Chd/2024 "नधा"रण वष" / Assessment Year : 2013-14 Vijay Sharma, The Ito, बनाम Kaplish Niwas, Ward 2(4), Gurudwara Road, Ropar Vs. Ropar "थायी लेखा सं./Pan No: Aceps9708H अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा""रती क" ओर से/Assessee By : None (Withdrawal Application) राज"व क" ओर से/ Revenue By : Shri Ved Parkash Kalia, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 25.02.2025 आदेश/Order Per Bench : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 26.04.2024 Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. During The Proceedings, None Appeared On Behalf Of The Assessee. However, An Application Dated 22.02.2025 Through E.Mail Has Been Filed By The Counsel Of The Assessee For Withdrawal Of This Appeal On The Ground That The Assessee Has Opted To Take Benefit Under The Direct Tax 'Vivad Se Vishwas

For Appellant: None (Withdrawal Application)For Respondent: Shri Ved Parkash Kalia, Sr.DR
Section 254(2)

Gurmail Singh, Chandigarh vs. Income Tax Officer, Chandigarh

In the result, appeal of the assessee is dismissed as withdrawn

ITA 525/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh25 Feb 2025AY 2011-12

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 525/Chd/2024 "नधा"रण वष" / Assessment Year : 2011-12 Gurmail Singh, The Ito, बनाम H.No. 2667, Chandigarh Sector 37-C, Vs. Chandigarh "थायी लेखा सं./Pan No: Ajdps9389N अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा""रती क" ओर से/Assessee By : Shri Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 25.02.2025 आदेश/Order Per Bench : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 20.03.2024 Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2011-12. 2. During The Proceedings, An Application Dated 11.02.2025 (Wrongly Written As 11.02.2024) Has Been Filed By The Counsel Of The Assessee For Withdrawal Of This Appeal On The Ground That The Assessee Has Filed An Application In Form 1 Under The 525-Chd-2024 Gurmail Singh, Chandigarh

For Appellant: Shri Tej Mohan Singh, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr.DR
Section 254(2)

Anju Kaushal, Panchkula vs. Income Tax Officer, Ward-1, Panchkula

In the result, both the appeals are dismissed as withdrawn

ITA 759/CHANDI/2023[2010-11]Status: DisposedITAT Chandigarh25 Feb 2025AY 2010-11

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 758 & 759/Chd/2023 "नधा"रण वष" / Assessment Year: 2010-11 Anju Kaushal, The Ito, बनाम C/O Shri Tej Mohan Singh, Ward 1, Advocate, Panchkula Vs. # 527, Sector 10D, Chandigarh "थायी लेखा सं./Pan No: Afspk0769D अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा""रती क" ओर से/Assessee By : Shri Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vaadhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 25.02.2025 आदेश/Order Per Bench : Both The Appeals Have Been Filed By The Assessee Against The Separate Orders Dated 20.10.2023 & 24.11.2023 Respectively Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2010-11. 2. During The Proceedings, An Application Dated 23.01.2025 Has Been Filed By The Counsel Of The Assessee For Withdrawal Of Aforesaid Appeals On The Ground That The Assessee Has Opted

For Appellant: Shri Tej Mohan Singh, AdvocateFor Respondent: Shri Vivek Vaadhan, Addl. CIT, Sr.DR
Section 254(2)

Anju Kaushal, Panchkula vs. Income Tax Officer, Ward-1, Panchkula

In the result, both the appeals are dismissed as withdrawn

ITA 758/CHANDI/2023[2010-11]Status: DisposedITAT Chandigarh25 Feb 2025AY 2010-11

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 758 & 759/Chd/2023 "नधा"रण वष" / Assessment Year: 2010-11 Anju Kaushal, The Ito, बनाम C/O Shri Tej Mohan Singh, Ward 1, Advocate, Panchkula Vs. # 527, Sector 10D, Chandigarh "थायी लेखा सं./Pan No: Afspk0769D अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा""रती क" ओर से/Assessee By : Shri Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vaadhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 25.02.2025 आदेश/Order Per Bench : Both The Appeals Have Been Filed By The Assessee Against The Separate Orders Dated 20.10.2023 & 24.11.2023 Respectively Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2010-11. 2. During The Proceedings, An Application Dated 23.01.2025 Has Been Filed By The Counsel Of The Assessee For Withdrawal Of Aforesaid Appeals On The Ground That The Assessee Has Opted

For Appellant: Shri Tej Mohan Singh, AdvocateFor Respondent: Shri Vivek Vaadhan, Addl. CIT, Sr.DR
Section 254(2)