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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

ACIT, Circle- 1, Ltu, New Delhi vs. C&S Electric Ltd., New Delhi

In the result, the revenue’s appeal stands dismissed as above

ITA 8274/DEL/2018[2015-16]Status: DisposedITAT Delhi30 Jun 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

Section 10ASection 14ASection 80Section 80I

profits of that unit. Therefore, following the decision of the ITA No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. Hon'ble ITAT Mumbai in Assistant Commissioner of Income v/s Asea Brown Boverd Ltd., (2007) 11 TTJ Mum 502 wherein it was held as under: “……………..all expenses, whether they are direct

C & S Electric Ltd., New Delhi vs. DCIT, Circle- 1, Ltu, New Delhi

In the result, the revenue’s appeal stands dismissed as above

ITA 7981/DEL/2018[2015-16]Status: DisposedITAT Delhi30 Jun 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

Section 10ASection 14ASection 80Section 80I

profits of that unit. Therefore, following the decision of the ITA No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. Hon'ble ITAT Mumbai in Assistant Commissioner of Income v/s Asea Brown Boverd Ltd., (2007) 11 TTJ Mum 502 wherein it was held as under: “……………..all expenses, whether they are direct

DCIT, Circle- 1, Ltu, New Delhi vs. C & S Electric Ltd., New Delhi

In the result, the revenue’s appeal stands dismissed as above

ITA 2532/DEL/2018[2013-14]Status: DisposedITAT Delhi30 Jun 2025AY 2013-14

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

Section 10ASection 14ASection 80Section 80I

profits of that unit. Therefore, following the decision of the ITA No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. Hon'ble ITAT Mumbai in Assistant Commissioner of Income v/s Asea Brown Boverd Ltd., (2007) 11 TTJ Mum 502 wherein it was held as under: “……………..all expenses, whether they are direct

Capgemini Technology Services India Limited ( Successor of Aricent Technologies Holdings Limited), Pune vs. Assistant Commissioner of Income Tax - Circle 1(1), Pune

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

ITA 2804/PUN/2024[2021-22]Status: DisposedITAT Pune27 Jun 2025AY 2021-22

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.2804/Pun/2024 िनधा"रण वष" / Assessment Year: 2021-22 Capgemini Technology V The Assistant Services India Limited[As S Commissioner Of Income Successor In Interest Of Tax-1(1)(1), Pune. Erstwhile Aricent Technologies (Holdings) Limited-Since Amalgamated], Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-Iii, Midc Sez, Village Man, Taluka Mulshi, District- Pune – 411057. Maharashtra. Pan: Aacck8280B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Prakash L Pathade –Cit(Dr) Date Of Hearing 19/06/2025 Date Of Pronouncement /06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 Dated 29.10.2024 For The A.Y.2021-22, Emanating From The

Section 143(3)Section 144C(13)Section 144C(5)Section 153Section 234ASection 270ASection 92C

आयकर अपीलीय अिधकरण ”सी” "ायपीठ पुणेम"। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “C” :: PUNE BEFORE MS.ASTHA CHANDRA, JUDICIAL

State Bank of India, Chennai vs. ACIT TDS, Chennai

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

ITA 1465/CHNY/2024[2015-16]Status: DisposedITAT Chennai27 Jun 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1465/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 State Bank Of India Vs. The Assistant Commissioner Of Industrial Finance Branch, Income Tax, 103, Mount Road, Chennai 600 002. Tds Circle 3(1), [Tan:Ches02510E] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. G. Vardini Karthik, Advocate (Virtual) ""थ" की ओर से/Respondent By : Shri N. Madan Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.04.2025 घोषणा की तारीख /Date Of Pronouncement : 27.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.03.2024 Passed By The Addl/Jcit(1)-1, Coimbatore For The Assessment Year 2015-16. 2. The Assessee Raised 17 Grounds Of Appeal, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Order Passed Under Section 201/201(1A) Of The Income Tax Act, 1961 [“Act” In Short] In The Facts & Circumstances Of The Case.

For Appellant: Ms. G. Vardini Karthik, Advocate (virtual)For Respondent: Shri N. Madan Kumar, JCIT
Section 10(5)Section 192BSection 201

Judicial Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.A. No.1465/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 State Bank of India Vs. The Assistant Commissioner of Industrial Finance Branch, Income Tax, 103, Mount Road, Chennai 600 002. TDS Circle 3(1), [TAN:CHES02510E] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ ... reproduced herein below for better understanding: 6. Recently, the Hon'ble Supreme Court of India in the case of State Bank of India w Assistant commissioner of Income Tax Civil Appeal to 8181 of 2022) dated 4th Nov, 2022 has dismissed the assessee's appeal and confirmed AD's stand

Bhim Sain Gupta, Delhi vs. Assistant Commisioner of Income Tax, Circle - 47(1), New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1574/DEL/2024[2010-11]Status: DisposedITAT Delhi27 Jun 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1574/ िद"ी /2024 (िन.व. 2010-11) Bhim Sain Gupta, K-736, Gadaipur Road, Mehrauli, Delhi 110030 ...... अपीलाथ"/Appellant Pan: Adkpg-7977-R बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-47(1), New Delhi Assessee By : Shri Manish Upneja, Chartered Accountant & Ms. Sanju Kumari, Advocate Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 16/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 06.03.2024, For The Assessment Year 2010-11. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Filed His Return Of Income For The Impugned Assessment Year Declaring Loss Of Rs.2,61,92,280/-. Subsequently, Assessment For Ay 2010-11 Was Reopened & Notice U/S. 148 Of The Income Tax Act, 1961(Hereinafter Referred To As 'The Act')

For Appellant: Shri Manish Upneja, Chartered Accountant &For Respondent: Shri Ashish Tripathi, Sr. DR
Section 147Section 148

/2024 (िन.व. 2010-11) Bhim Sain Gupta, K-736, Gadaipur Road, Mehrauli, Delhi 110030 ...... अपीलाथ"/Appellant PAN: ADKPG-7977-R बनाम Vs. Assistant Commissioner of Income Tax, ..... "ितवादी/Respondent Central Circle-47(1), New Delhi Assessee by : Shri Manish Upneja, Chartered Accountant & Ms. Sanju Kumari, Advocate Department by: Shri

Anumod Sharma, New Delhi vs. ACIT Central Circle-16, New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 3107/DEL/2023[2016-17]Status: DisposedITAT Delhi27 Jun 2025AY 2016-17

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3107/ िद"ी /2023 (िन.व. 2016-17) Anumod Sharma, 1590, Madrasa Road, Kashmiri Gate, Delhi 110006 ...... अपीलाथ"/Appellant Pan: Amyps-5587-L बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-16, Delhi 110001 Assessee By : Shri Paritosh Jain, Advocate Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 16/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals)-28, Delhi [In Short ‘The Cit(A)] Dated 22.12.2022, For The Assessment Year 2016-17. 2. The Appeal Is Time Barred By 250 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons Causing Delay In Filing Of Appeal. After Perusal Of The Same, We Are Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Petition Which Appears To Be Bonafide. Thus

For Appellant: Shri Paritosh Jain, AdvocateFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 144Section 271(1)(b)Section 57

/2023 (िन.व. 2016-17) Anumod Sharma, 1590, Madrasa Road, Kashmiri Gate, Delhi 110006 ...... अपीलाथ"/Appellant PAN: AMYPS-5587-L बनाम Vs. Assistant Commissioner of Income Tax, ..... "ितवादी/Respondent Central Circle-16, Delhi 110001 Assessee by : Shri Paritosh Jain, Advocate Department by: Shri Ashish Tripathi, Sr. DR सुनवाई क" ितिथ