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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

Santosh Kumar Keshri, Patna vs. Assistant Commissioner of Income Tax, Patna

In the result, the appeal filed by the assessee is dismissed

ITA 226/PAT/2024[2017-18]Status: DisposedITAT Patna28 Jul 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 226/Pat/2024 Assessment Year: 2017-2018 Santosh Kumar Keshri,………..…….…………Appellant Shop No. 3, Jaiswal Market, Sabji Mandi, Mithapur-800001, Bihar [Pan:Asapk1127E] -Vs.- Assistant Commissioner Of Income Tax,...Respondent Dc/Ac Circle-6, Patna-800001, Bihar Appearances By: Shri Supriya Sharma, C.A., Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 19, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 115BSection 143(2)Section 144Section 68Section 69A

I.T.A. No. 226/PAT/2024 Assessment Year: 2017-2018 Santosh Kumar Keshri,………..…….…………Appellant Shop No. 3, Jaiswal Market, Sabji Mandi, Mithapur-800001, Bihar [PAN:ASAPK1127E] -Vs.- Assistant Commissioner of Income Tax,...Respondent DC/AC Circle-6, Patna-800001, Bihar Appearances by: Shri Supriya Sharma, C.A., appeared on behalf of the assessee Shri Ashwani ... Kolkata, the 28th day of July, 2025 Copies to :(1) Santosh Kumar Keshri, Shop No. 3, Jaiswal Market, Sabji Mandi, Mithapur-800001, Bihar (2) Assistant Commissioner of Income Tax, DC/AC Circle-6, Patna-800001, Bihar (3) Commissioner of Income Tax (Appeals), NFAC, Delhi; 8 Santosh Kumar Keshri

Advance Lifespaces Private Limited, Ahmedabad vs. ACIT, Circle 1(1)(1), Ahmedabad

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

ITA 411/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad28 Jul 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2017-18 Advance Lifespaces Pvt. Ltd., Assistant Commissioner Of S-202/B/4/205, City Centre, Income Tax, Vs Nr. Idgah Gate, Asarwa, Circle-1(1)(1), Ahmedabad-380016 Ahmedabad [Pan No.:Aajca2338M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri P. D. Shah, Ar & Shri Saiyam Shah, Ar Respondent By : Shri B.P. Srivastava, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 22.07.2025 घोषणा की तारीख /Date Of Pronouncement: 28.07.2025 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Assessee Against The Appellate Order Dated 03.07.2024 Passed By Ld. Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As “Ld. Cit(A)”), National Faceless Appeal Centre (In Short “Nfac”), Delhi Arising Out Of The Rectification Order Passed Under Section 154 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Relating To The Assessment Year 2017-18. 2. The Registry Has Noted That There Is A Delay Of 145 Days In Filing The Present Appeal. The Assessee Explained Vide Notarized Affidavit Stated Originally The Appeal Was Filed By The Assessee By Paying Appropriate Fees On 30.08.2024 By E-Filing. However, There Is Some Mistakes In Form No. 36 Which Was Required To Be Rectified, The Same Was Rectified & Filed On 21.02.2025 Thereby The Registry Has Noted That There Is A Delay Of 145 Days. In View A.Y. 2017-18. 2 Of The Explanation Offered By The Assessee, The Delay Of 145 Days In Filing Of The Above Is Hereby Condoned.

For Appellant: Shri P. D. Shah, AR & Shri Saiyam Shah, ARFor Respondent: Shri B.P. Srivastava, Sr. DR
Section 143(3)Section 145(3)Section 154

BENCH, AHMEDABAD BEFORE SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER AND SHRI NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER Assessment Year: 2017-18 Advance Lifespaces Pvt. Ltd., Assistant Commissioner of S-202/B/4/205, City Centre, Income Tax, Vs Nr. Idgah Gate, Asarwa, Circle-1(1)(1), Ahmedabad-380016 Ahmedabad [PAN No.:AAJCA2338M] अपीलाथ

Dandapat Rice Mills Private Ltd., Paschim Medinipur vs. ACIT, Circle 38, Midnapur

In the result, appeal of the assessee is allowed

ITA 441/KOL/2025[2017-18]Status: DisposedITAT Kolkata28 Jul 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 441/Kol/2025 Assessment Year: 2017-2018 Dandapat Rice Mills Private Limited,.………Appellant Burapat, P.O. Burapat, Paschim Medinipur, Pin Code No. 721260, West Bengal [Pan:Aadcd7581R] -Vs.- Assistant Commissioner Of Income Tax,…..Respondent Circle-38, Midnapur, Amaravati, Keranitola, Raja N.L. Khan Road, Paschim Medinipur-721101, West Bengal Appearances By: Shri G. Banerjee, A.R., Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 20, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 142(1)Section 143(2)Section 69A

Assessment Year: 2017-2018 Dandapat Rice Mills Private Limited,.………Appellant Burapat, P.O. Burapat, Paschim Medinipur, Pin Code No. 721260, West Bengal [PAN:AADCD7581R] -Vs.- Assistant Commissioner of Income Tax,…..Respondent Circle-38, Midnapur, Amaravati, Keranitola, Raja N.L. Khan Road, Paschim Medinipur-721101, West Bengal Appearances by: Shri G. Banerjee ... July, 2025 Copies to :(1) Dandapat Rice Mills Private Limited, Burapat, P.O. Burapat, Paschim Medinipur, Pin Code No. 721260, West Bengal (2) Assistant Commissioner of Income Tax, Circle-38, Midnapur, 6 Dandapat Rice Mills Private Limited Amaravati, Keranitola, Raja N.L. Khan Road, Paschim Medinipur-721101, West Bengal (3) Addl./JCIT