Section 46A(3) of the Income Tax Act

Income-tax Act, 2025: s.69

Section 46A(3) falls under section 46A of the Income-tax Act, 1961, which corresponds to section 69 (Capital gains on purchase by company of its own shares or other specified securities) of the Income-tax Act, 2025.

Read section 69 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 46A(3) is Enzen Global Solutions (P.) Ltd. v. Income-tax Officer (144 Taxmann.com 2), cited in 3 of the 35 judgments on BharatTax that turn on this section.

Leading authorities on Section 46A(3)

Judgments on Section 46A(3)

Income Tax Officer, Ward-1(1), Kalyan, Kalyan West vs. Awami Imadi Fund Bhiwandi, Bhiwandi

In the result, the appeal filed by the revenue is allowed for statistical purpose

ITA 5871/MUM/2024[2018]Status: DisposedITAT Mumbai06 Mar 2025

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Income Tax Officer, Ward-1(1) Awami Imadi Fund Bhiwandi 1St Floor, Mohan Plaza, Wayale Nagar, Madrasa Arabia Miftahul Uloom, Vs. Khadakpada, Kalyan West - 421301. Bhusal Mohalla, Bhiwandi. Pan/Gir No.Aaeta0102F (Assessee) : (Respondent) Assessee By : Shri. Shakil Mohammed Ayyub Momin (Manager) Respondent By : Shri. Ram Krishn Kedia (Sr. Dr) Date Of Hearing : 04.03.2025 Date Of Pronouncement : 06.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S. 250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal: A. “On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Failed To Appreciate That The Submissions Made By The Assessee During Appellate Proceedings Were In The Nature Of Additional Evidences & Therefore Erred In Not Allowing The A.O. To Examine The Additional Evidence Admitted By Them As Per The Provisions U/S 46A(3) Of The 1. T. Rules, 1962. B. The Appellant Prays That The Order Of The Cit(A) May Be Set Aside & That Of The Assessing Officer Be Restored. Amami Imadi Fund Bhiwandi

For Appellant: ShriFor Respondent: Shri. Ram Krishn Kedia (Sr. DR)
Section 143(2)Section 147Section 148Section 250Section 46A(3)Section 68

Income Tax Officer, Ward-1, Ichalkaranji vs. Navdurga Yarns LLP, Ichalkaranji

In the result, the appeal of the Revenue is allowed for statistical

ITA 1287/PUN/2024[2022-23]Status: DisposedITAT Pune31 Jan 2025AY 2022-23

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1287/Pun/2024 निर्धारण वर्ष / Assessment Year : 2022-23 Income Tax Officer, Ward - 1, Ichalkaranji अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Navdurga Yarns Llp, 12/537/1, Near Hotel Man, Vs. Shahu Corner, Ichalkaranji-416115 Pan : Aapfn7837F प्रत्यर्थी / Respondent Shri Bhuvnesh V. Kankani Shri Amol Khairnar 07-11-2024 31-01-2025 आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Revenue Is Directed Against The Order Dated 05.04.2024 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-2, Vadodara [“Addl./Jcit(A)"] Pertaining To Assessment Year ("Ay") 2022-23. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Firm. It Filed Its Original Return Of Income For Ay 2022-23 On 22.10.2022 Declaring Total Income At Rs.2,74,64,880/-. The Return Was Processed U/S 143(1) Of The Income Tax Act, 1961 (The “Act"). An Intimation Order Dated 07.06.2023 Was Passed By The Ld. Assessing Officer, Cpc Bengaluru (“Ao”) Assessing Total Income At Rs.13,01,40,970/- & Raising A Demand Of Rs.4,16,78,170/-. The Ld. Ao Made An Addition Of Rs.10,26,76,090/- Under The Head, “Increase In Profit Or Decrease In Loss On Account Of Icds Adjustments & Deviation In Method Of Valuation Of Stock (Column 3A + 4D Of Part A-Oi)”. 3. Aggrieved By The Order Of The Ld. Ao Passed U/S 143(1) Of The Act, The Assessee Appealed Before The Ld. Addl./Jcit(A). Before The Ld. Addl./Jcit(A), The Assessee Submitted That The Books Of Account Of The Assessee Were Audited As Required Under The Relevant Provisions Of The Act & The Audit Report Was Submitted Electronically By The Assessee. The 2

For Appellant: Department byFor Respondent: Date of hearing
Section 143(1)Section 145A