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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

Vidarbha Mining Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle-1(3)(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 1265/MUM/2024[2014-15]Status: DisposedITAT Mumbai30 Jul 2025AY 2014-15

Bench: Ms. Kavitha Rajagopal, Jm & Ms. Padmavathy S., Am Vidarbha Mining Private Limited Deputy Commissioner Of Income 703, Samarpan Complex, Near Mirador Tax, Circle-1(3)(2), Mumbai Room No. 540, 5Th Floor, Aayakar Hotel, New Link Road, Chakala, Andheri (East), Mumbai – 400099. Vs. Bhavan, Maharshi Karve Rd, New Marine Lines, Churchgate, Mumbai – 400020. Pan/Gir No. Aaccv2506M (Assessee) : (Respondent) Assessee By : Shri. Gaurav Kabra Respondent By : Shri. G. J. Ninawe, Sr. Dr Date Of Hearing : 01.05.2025 Date Of Pronouncement : 30.07.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, 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) 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal & Has Also Filed Additional Grounds Which Are As Follows: Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case As Well As In Law, The Learned Cit(A) Has Erred In Confirming The Action Of Learned Assessing Officer In Reopening The Assessment U/S.147 Of The Act, Without Appreciating The Fact & Circumstances Of The Case. Vidarbha Mining Private Limited Vs. Dy. Cit

For Appellant: Shri. Gaurav KabraFor Respondent: Shri. G. J. Ninawe, SR. DR
Section 115JSection 143(1)Section 143(3)Section 147Section 148Section 153CSection 250Section 68

Court in the case of Godrej Products Development (P.) Ltd. vs. Income Tax Officer, [2024] 159 taxmann.com 32 (Bombay) and Piem Hotels Ltd. vs. Assistant Commissioner of Income Tax, [2024] 162 taxmann.com 703, (Bombay), where it has been held that when facts leading to the reopening was already available before

Assistant Commissioner of Income Tax, Central Circle-25, New Delhi, Delhi vs. Rahul Maheshwari, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3021/DEL/2025[2015-16]Status: DisposedITAT Delhi30 Jul 2025AY 2015-16

Bench: Shri Vikas Awasthyआअसं.3021/िद"ी/2025 (िन.व. 2015-16) Assistant Commissioner Of Income Tax, Central Circle-25, R. No. 317, 3Rd Floor, ...... अपीलाथ"/Appellant Ara Centre, Jhandewalan Extn. Delhi 110055 बनाम Vs. Rahul Maheshwari, M-69, Greater Kailash, Delhi 110048 ..... "ितवादी/Respondent Pan: Ajkpm-8533-B Assessee By : None Department By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 30/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-25, [In Short ‘The Cit(A)’], New Delhi Dated 29.01.2025, For Assessment Year 2015-16. 2. A Perusal Of Form No. 36 Shows That The Tax Effect Involved In Appeal Is Rs.1,52,770/-/- I.E. Far Below The Monetary Limit Fixed By The Cbdt For Filing Of Appeal By The Department Before The Tribunal. A Specific Query Was Made To The Ld. Dr As To Whether The Issue Raised In Appeal Falls Under Any Of The Exceptions. The Ld. Dr Stated That This Appeal Arises From Search Action, Hence, She Is Not 2 Authorized To Argue The Matter & Only The Cit(Dr) Can Make Submissions On Behalf Of The Department. 3. I Have Heard The Submissions Made By Ld. Dr. Since This Appeal Suffers From Low Tax Effect In Light Of The Cbdt Circular No. 9/2024 Dated 17.09.2024, Hence, Is Liable To Be Dismissed. 4. Liberty Is Granted To The Revenue For Revival Of Appeal, If The Issue(S) Involved In Instant Appeal Fall Under Any Of The Exceptions Specified In Para 3.1 & 3.2 Of Cbdt Circular No. 5/2024 Dated 15.03.2024. 5. In The Result, Appeal Of The Revenue Is Dismissed. Order Pronounced In The Open Court On Wednesday The 30Th Day Of July, 2025. (Vikas Awasthy) "याियक सद"य/िद"ी/Delhi, "दनांक/Dated 30/07/2025 Nv/-

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, SR. DR

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं.3021/िद"ी/2025 (िन.व. 2015-16) Assistant Commissioner of Income Tax, Central Circle-25, R. No. 317, 3rd Floor, ...... अपीलाथ"/Appellant ARA Centre, Jhandewalan Extn. Delhi 110055 बनाम Vs. Rahul Maheshwari, M-69, Greater