← All Phrases

“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 32 1 Mumbai, Mumbai vs. Asha P Kedia, Mumbai

In the result, the CO filed by the Assessee is allowed, whereas the appeal filed by the Revenue stands dismissed

ITA 3672/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 Mar 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2017-18 Acit 32 1 Ms. Asha P Kedia 252, Kautilya Bhavan, 602, Vishwananak Bldg, Bkc, Bandra East, Vs. Ict Link Rd, Maharashtra - 400051. Andheri East, Maharashtra - 400099. Pan: Aiqpk0746F (Appellant) (Respondent) Co No.181/M/2024 (Arising Out Of Ita No. 3672/M/2024) Assessment Year: 2017-18 Ms. Asha P Kedia Assistant Commissioner Plot No. 18, Sagar Jyoti, Of Income Tax-32 (1) 6Th Road, Jvpd Scheme, Vs. 252, Kautilya Bhavan, Vile Parle (West), Bkc, Bandra East, Mumbai-400056. 400020. Pan: Aiqpk0746F (Appellant) (Respondent) Present For: Assessee By : Shri Shashank Mehta, Ld. A.R. Revenue By : Shri Ram Krishn Kedia, Ld. D.R. Date Of Hearing : 17 . 03 .2025 Date Of Pronouncement : 28 . 03 .2025 O R D E R Per : Narender Kumar Choudhry: This Appeal By The Revenue Department & The Cross Objection By The Assessee Have Been Preferred Against The Order Dated 21.05.2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. Co. No. 181/Mum/2024 Ms. Asha P Kedia 2. Considering The Delay Of 4 Days In Filing Of The Co By The Assessee Is Miniscule, Bonafide & Unintentional As Claimed By The Assessee Is Condoned.

For Appellant: Shri Shashank Mehta, Ld. A.RFor Respondent: Shri Ram Krishn Kedia, Ld. D.R
Section 143(3)Section 147Section 148Section 148ASection 149Section 151Section 250Section 68

Andheri East, Maharashtra - 400099. PAN: AIQPK0746F (Appellant) (Respondent) CO No.181/M/2024 (Arising out of ITA No. 3672/M/2024) Assessment Year: 2017-18 Ms. Asha P Kedia Assistant Commissioner Plot No. 18, Sagar Jyoti, of Income Tax-32 (1) 6th Road, Jvpd Scheme, Vs. 252, Kautilya Bhavan, Vile Parle (West), BKC, Bandra East

Malini, Thirunindravur vs. ACIT, Ncc-22(1), Tambaram

In the result the appeal of the assessee is allowed

ITA 2362/CHNY/2024[2018-19]Status: DisposedITAT Chennai27 Mar 2025AY 2018-19

Bench: Shri Duvvuru Rl Reddyand Shri S.R. Raghunathaआयकरअपीलसं/.Ita No.:2362/Chny/2024 िनधा"रणवष"/Assessment Year:2018-19 Malini, The Assistant Commissioner Of 7, Ganapathy Puram, Near Vs. Income Tax, Ragvendra Nagar, Periyapalayam Non Corporate Circle 22(1), (Tbm), Road, Thiruninravur 602 024, Chennai. Tamil Nadu. [Pan: Ajspm-9167-B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri D. Anand, Advocate ""यथ"क"ओरसे/Respondent By : Ms. Gauthami Manivasagam, Jcit सुनवाईक"तारीख/Date Of Hearing : 24.03.2025 घोषणाक"तारीख/Date Of Pronouncement : 27.03.2025 आदेश/ O R D E R Per Duvvuru Rl Reddy, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 25.06.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 17 Days. The Assessee Filed A Petition For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The Condonation Petition & Upon Hearing The Ld. Ar & Ld. Dr, We Find That The Reasons Explained By The Assessee Are Bonafide & Therefore, The Delay Is Condoned & Admitted The Appeal For Adjudication.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. Gauthami Manivasagam, JCIT
Section 142(1)Section 143(2)Section 145ASection 250Section 56(2)(viii)Section 57

BEFORE SHRI DUVVURU RL REDDY, VICE PRESIDENTAND SHRI S.R. RAGHUNATHA, ACCOUNTANT MEMBER आयकरअपीलसं/.ITA No.:2362/CHNY/2024 िनधा"रणवष"/Assessment Year:2018-19 Malini, The Assistant Commissioner of 7, Ganapathy Puram, Near Vs. Income Tax, Ragvendra Nagar, Periyapalayam Non Corporate Circle 22(1), (TBM), Road, Thiruninravur 602 024, Chennai. Tamil Nadu

ACIT Circle-4(3)(1), Mumbai vs. Jmp Securities Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed and the cross objection filed by the assessee is allowed

ITA 3792/MUM/2024[2017-18]Status: DisposedITAT Mumbai27 Mar 2025AY 2017-18

Bench: Shri. Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm Acit, Circle-4(3)(1) Jmp Securities Pvt. Ltd. Aayakar Bhavan, M. K. Road, 801/806, 8Th Floor, Elite Square, 274, Churchgate, Mumbai – 400020. Vs. Perin Nariman St. Bazar Gate, Fort, Mumbai – 400001. Pan/Gir No. Aaacj8850C (Appellant) : (Respondent) C. O. No. 182/Mum/2024 (Arising Out Of Ita No. 3792/Mum/2024) (Assessment Year: 2017-18) Jmp Securities Pvt. Ltd. Acit, Circle-4(3)(1) 801/806, 8Th Floor, Elite Square, 274, Aayakar Bhavan, M. K. Road, Perin Nariman St. Bazar Gate, Fort, Vs. Churchgate, Mumbai – 400020. Mumbai – 400001. Pan/Gir No. Aaacj8850C (Appellant) : (Respondent) : Shri. Omkandalkar Assessee By Respondent By : Shri. Hemankumar Chimanlal Leuva Cit Dr. Date Of Hearing : 05.02.2025 Date Of Pronouncement : 27.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Revenue & Cross Objection 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)

For Respondent: Shri. Hemankumar Chimanlal Leuva
Section 147Section 148Section 151Section 151ASection 250Section 68Section 69

ACIT [2024] 464 ITR 430 (Bombay) [03-05-2024]. Hence, the impugned order passed by the NFAC is bad in law. 5. The Assistant Commissioner of Income Tax, Circle 4(3)(1), Mumbai issued the notice dated 30.07.2022 under section 148 of the Act without assigning any Document Identification Number

Visteon Corporation, Michigan vs. ACIT, International Taxation, Circle-2(2), Chennai

In the result, the appeal of the assessee is partly allowed

ITA 2962/CHNY/2024[2015-16]Status: DisposedITAT Chennai26 Mar 2025AY 2015-16

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2962 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2015-16 Visteon Corporation Asst. Commissioner Of Income Tax, Grace Lake Corporation Centre, International Taxation, Van Buren Township, Circle-2(2), Michigan-48111 Chennai. [Pan: Aadcv5660K] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri Ajay Vohra, Sr. Advocate Mr.Aditya Vohra, Advocate (Virtual) प्रत्यर्थी की ओर से /Revenue By : Shri R. Raghupathy, Addl. Cit सुिवाई की तारीख/Date Of Hearing : 17.02.2025 घोर्णा की तारीख /Date Of Pronouncement : 26.03.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri Ajay Vohra, Sr. Advocate Mr.AdityaFor Respondent: Shri R. Raghupathy, Addl. CIT
Section 263

Accordingly it was argued that as this tribunal has quashed the very 263 proceedings, therefore the assessment order dated 26.09.2024 of the Learned Assistant Commissioner of Income Tax (International Taxation) Circle-2(2), Chennai for the assessment years 2015-16 becomes void ab initio. It was urged that once