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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

Meditation Properties Pvt Ltd, New Delhi vs. ITO Ward-16(3), New Delhi

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

ITA 9394/DEL/2019[2015-16]Status: DisposedITAT Delhi19 May 2025AY 2015-16

Bench: Shri Vikas Awasthyआअसं.9394/िद"ी/2019(िन.व. 2015-16) Meditation Properties P. Ltd., Flat No. 10, C-1/2, Model Town, New Delhi 110009 ...... अपीलाथ"/Appellant Pan: Aaacm-1194-N बनाम Vs. Assistant Commissioner Of Income Tax, Appeal-6, Laxmi Nagar, District Centre, ..... "ितवादी/Respondent New Delhi 110092 अपीलाथ" "ारा/ Appellant By : Shri Parveen Kumar, Executive Employee "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 19/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/05/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-6, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 27.09.2019, For Assessment Year 2015-16. 2. Shri Parveen Kumar, Appearing On Behalf Of The Assessee Submits That The Short Issue In Appeal Is That The Case Of Assessee Was Selected For Limited Scrutiny For The Following Reasons: “(I) There Is A Large Difference In The Opening Stock Of The Current Year & The Closing Stock Of Previous Year In P&L Account As Per Return Of Income; &

For Appellant: Shri Parveen Kumar, Executive EmployeeFor Respondent: Shri Manoj Kumar, Sr. DR
Section 143(2)

Meditation Properties P. Ltd., Flat No. 10, C-1/2, Model Town, New Delhi 110009 ...... अपीलाथ"/Appellant PAN: AAACM-1194-N बनाम Vs. Assistant Commissioner of Income Tax, Appeal-6, Laxmi Nagar, District Centre, ..... "ितवादी/Respondent New Delhi 110092 अपीलाथ" "ारा/ Appellant by : Shri Parveen Kumar, Executive Employee "ितवादी"ारा

DCIT Exmp Circle Pune, Swargate Pmt Bldg vs. Ashirwad Charitable Trust, Mumbai

In the result, the appeal filed by the Revenue in ITA

ITA 225/PUN/2024[2014]Status: DisposedITAT Pune16 May 2025

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.224 & 225/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Dcit (Exemptions) Circle, Vs. Ashirwad Charitable Pune. Trust, 402, Pascal Martin Road, Regent Chambers, Nariman Point, Mumbai- 400021. Pan : Aabta4479Q Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By : Shri Raja B. Singh & Mohd. Obaid Ansari Date Of Hearing : 18.02.2025 Date Of Pronouncement : 16.05.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 06.12.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15 Respectively. 2. Since The Facts Are Identical & Both The Above Captioned Appeals Were Heard Together, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal In Ita No.224/Pun/2024 For Adjudication.

For Appellant: Shri Raja B. Singh &For Respondent: Shri Ramnath P. Murkunde
Section 11Section 12ASection 2(15)Section 3Section 5

said to be for charitable purpose. 4.3 Further, the above issue has been adjudicated by the Hon'ble SC in the case of Assistant Commissioner of Income-tax (Exemptions) v. Ahmedabad Urban Development Authority [2022] 144 taxmann.com 78 (SC) i.e. well known as AUDA case, which inter alia related

Dy Commissioner of Income Tax Exmp Circle Pune, Swargate Pmt Bldg vs. Ashriwad Charitable Trust, Mumbai

In the result, the appeal filed by the Revenue in ITA

ITA 224/PUN/2024[2014]Status: DisposedITAT Pune16 May 2025

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.224 & 225/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Dcit (Exemptions) Circle, Vs. Ashirwad Charitable Pune. Trust, 402, Pascal Martin Road, Regent Chambers, Nariman Point, Mumbai- 400021. Pan : Aabta4479Q Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By : Shri Raja B. Singh & Mohd. Obaid Ansari Date Of Hearing : 18.02.2025 Date Of Pronouncement : 16.05.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 06.12.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15 Respectively. 2. Since The Facts Are Identical & Both The Above Captioned Appeals Were Heard Together, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal In Ita No.224/Pun/2024 For Adjudication.

For Appellant: Shri Raja B. Singh &For Respondent: Shri Ramnath P. Murkunde
Section 11Section 12ASection 2(15)Section 3Section 5

said to be for charitable purpose. 4.3 Further, the above issue has been adjudicated by the Hon'ble SC in the case of Assistant Commissioner of Income-tax (Exemptions) v. Ahmedabad Urban Development Authority [2022] 144 taxmann.com 78 (SC) i.e. well known as AUDA case, which inter alia related