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“Assistant Commissioner”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(9A) / Section 1178,789 judgments

The decision most relied on for Assistant Commissioner is Ahmedabad Electricity Co. Ltd. v. CIT (199 ITR 351), cited in 441 judgments on BharatTax.

Leading authorities on Assistant Commissioner

Ahmedabad Electricity Co. Ltd. v. CIT
199 ITR 351 · 1993 · High Court
441
citing judgments

Appellate authorities can consider additional grounds for deduction, even if not originally claimed before the Assessing Officer or Appellate Assistant Commissioner, provided the facts are not disputed and it pertains to a legal claim for correct tax liability. This is because the purpose of an appeal is to ascertain the correct tax liability.

Smt. Prabhavati S. Shah v. CIT
231 ITR 1 · 1998 · High Court
186
citing judgments

The first appellate authority must admit additional evidence if it is necessary for determining the true state of affairs and preventing undue hardship or a failure of justice, even without a specific request and particularly when the case falls under Rule 46A(1)(c).

H.R. Mehta v. Assistant Commissioner of Income-tax, Mumbai
72 Taxmann.com 110 · 2016 · High Court
125
citing judgments

The Assessing Officer must provide the assessee with all material relied upon for an addition or disallowance and an opportunity to cross-examine deponents or witnesses whose statements form the basis of the assessment. Failure to provide such an opportunity violates natural justice and invalidates the addition or disallowance.

Shyam Sunder Khandelwal v. Assistant Commissioner of Income Tax
161 Taxmann.com 255 · 2024 · High Court
97
citing judgments

When incriminating material belonging to a person other than the searched person is found during a search, assessment proceedings against that 'other person' must be initiated under Section 153C of the Income Tax Act. The revenue remains at liberty to proceed in accordance with law if initial proceedings are flawed.

CIT v. K.V. Pilliah and Sons.
63 ITR 411 · 1967 · Supreme Court
97
citing judgments

The Income Tax Appellate Tribunal is not required to repeat its reasons when it fully agrees with the conclusions of the lower appellate authority and has no further grounds to add, even as the final fact-finding body.

Kirloskar Investments & Finance Ltd. v. Assistant Commissioner of Income-tax
67 ITD 504 · 1998 · ITAT
58
citing judgments

Merely providing a copy of a statement or letters is not sufficient opportunity; when oral evidence is relied upon to replace written evidence, the party against whom it is used must be allowed to cross-examine the person concerned to properly weigh the evidence.

Gyankumar Agarwal (Ind.) v. Assistant Commissioner Income-tax
30 Taxmann.com 114 · 2013 · Reported
46
citing judgments

The burden of proof lies on the assessee to rebut the contents of documents or incriminating material discovered during a search and seizure operation, especially concerning undisclosed income, leveraging presumptions under sections like 132(4A) and 292C.

Malani Ramjivan Jagannath v. Assistant Commissioner Of Income Tax
316 ITR 120 · 2009 · High Court
46
citing judgments

A mere lower gross profit (G.P.) rate or deviation in G.P. is not sufficient to justify a trading addition or the rejection of books of account if the books are maintained properly, entries are vouched, and stock positions are not disputed. The estimation of profit must rely on cogent material beyond mere suspicion.

Judgments citing Assistant Commissioner

Chinnappan Peter Francis, Kumbakonam vs. ITO, Ward-1, Kumbakonam

In the result, appeal filed by the assessee is allowed

ITA 1484/CHNY/2025[2018-19]Status: DisposedITAT Chennai09 Sept 2025AY 2018-19

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 1484/Chny/2025 धनिाारण वर्ा / Assessment Year: 2018-19 M/S. Chinnappan Peter Ito, Francis, Vs. Ward I, No. 113, Kamraj Road, Kumbakonam. Bishops House, Kumbakonam – 612 001. Tamil Nadu. [Pan: Bwspp-2816-G] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) (अपीलाथी/Appellant) (प्रत्यथी/Respondent) : Mr. Y. Sridhar, F.C.A अपीलाथी की ओर से/ Appellant By प्रत्यथी की ओर से /Respondent By : Mr. R. Raghupathy, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 05.08.2025 : 09.09.2025 घोर्णा की तारीख /Date Of Pronouncement आदेश / O R D E R Per S.R.Raghunatha, Am. This Appeal By The Assessee Is Arising Out Of The Order Dated 17.04.2025, Passed By The Commissioner Of Income Tax (Appeal), Nfac, Delhi For The Assessment Year 2018-19 Against The Order U/S.147 R.W.S. 144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Passed By The Ito (Assessing Officer), Ward I, Thanjavur Dated 30.01.2024. 2. At The Outset, The Ld. Ar For The Assessee Mr.Y.Sridhar, Advocate For The Assessee Has Raised An Additional Ground Relating To Jurisdiction Of Jurisdictional Assessing Officer (‘Jao’) In The Light Of The Cbdt Notification Dated 29.03.2022 & The Decision Of The Hon’Ble Madras High Court In The Case Of Tvs Credit Services Ltd. Vs. Dcit (W.P.No.22402 Of 2024 Dated 24.06.2025). The Ld.Dr, Mr.R.Raghupathy, Addl.Cit, Objected Admission Of Additional Ground Raised By The Assessee.

For Respondent: Mr. R. Raghupathy, Addl.CIT
Section 139(1)Section 147Section 148Section 148ASection 151A

dated 21.04.2025 in WP No.22402 of 2024 and batch cases, followed what was held by the Bombay High Court in Hexaware Technologies Ltd vs. Assistant Commissioner of Income Tax'; and opined that it was mandatory for the FAO to issue notice and issuance of notice by JAO would make ... Karthik submitted that this Court has, in many 3. matters, held, following the judgment of the Bombay High Court in Hexaware Technologies Limited v. Assistant Commissioner of Income Tax', that notice that has to be issued by Faceless Assessment Officer has to be issued Faceless Assessment Office and if issued

ACIT-CC-7(3), Mumbai vs. Raniben Khimji Patel, Legal Heir of Shri Karamshi Patel, Mumbai

In the result, the appeal of the Revenue stands dismissed

ITA 1742/MUM/2025[2018-19]Status: DisposedITAT Mumbai09 Sept 2025AY 2018-19

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarassistant Commissioner Of V/S. Raniben Khimji Patel, Legal Income Tax, Central Circle – बनाम Heir Of Shri Karamshi Patel, 7(3), Room No. 655, Floor 602, 6Th Floor Petit Tower, 6Th, Aayakar Bhavan, M.K. August Kranti Marg, Kemps Road, Mumbai – 400 020, Corner, Mumbai 400 036, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadpp8816G Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Ms. Komal Dedhia, ARFor Respondent: Shri Annavaram Kosuri, (Sr. AR)
Section 142(1)Section 143(2)Section 143(3)Section 159Section 292BSection 69C

INCOME-TAX APPELLATE TRIBUNAL“D” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER Assistant Commissioner of v/s. Raniben Khimji Patel, Legal Income Tax, Central Circle – बनाम Heir of Shri Karamshi Patel, 7(3), Room No. 655, Floor 602, 6th Floor Petit Tower, 6th, Aayakar Bhavan ... Learned CIT(A) failed to consider the decision of High Court in the case of Sardar Harvinder Singh Sehgal and Ors. vs Assistant Commissioner Of Income- Tax, which emphasized that the intention behind the Income Tax Act is to ensure that taxes are assessed correctly, and minor defects or errors