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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

Krupa Vilas Gau Seva Trust, Kutch vs. CIT(Exemption), Ahmedabad

ITA 163/RJT/2024[NA]Status: DisposedITAT Rajkot24 Mar 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No. 162/Rjt/2023 (Assessment Year: Na) (Hybrid Hearing) Krupa Vilas Gau Seva Trust, Vs. Cit(Exemption), Kutch. Ahmedabad. Anjar, Anjar Road, Bhimasar Taluka Anjar, Kutch-370240. स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaetk8746K (अपीलार्थी/Assessee) (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No. 163/Rjt/2023 (Assessment Year: Na) (Hybrid Hearing) Krupa Vilas Gau Seva Trust, Vs. Cit(Exemption), Kutch. Ahmedabad. Anjar, Anjar Road, Bhimasar Taluka Anjar, Kutch-370240. स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaetk8746K (अपीलार्थी/Assessee) (प्रत्यर्थी/Respondent) निर्धारितीकीओरसे/Assessee By : Shri Kalpesh Doshi, Ar राजस्वकीओरसे/Respondent By : Shri Sanjay Punglia, Cit Dr सुनवाईकीतारीख / Date Of Hearing : 09/01/2025 घोषणाकीतारीख / Date Of Pronouncement : 24/03/2025 1 | Page

For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri Sanjay Punglia, CIT DR
Section 12ASection 12A(1)(ac)Section 80G(5)

Commissioner in the light of the evidence and the relevant law The Tribunal was undoubtedly competent to disagree with the view of the Appellate Assistant Commissioner. But in proceeding to do so, the Tribunal had to act judicially, i.e., to consider all the evidence in favour of and against

Utv Software Communications Pvt. Ltd, Mumbai vs. ACIT Cir 16(1), Mumbai

In the result, the appeal filed by the assessee is dismissed as withdrawn

ITA 2524/MUM/2022[2018-19]Status: DisposedITAT Mumbai24 Mar 2025AY 2018-19

Bench: Shri. Narendra Kumar Billaiya, Am & Ms. Kavitha Rajagopal, Jm Utv Software Communications The Assistant Commissioner Of Private Limited Income Tax, Circle – 16(1) Room No. 467, 4Th Floor, Aayakar Star House, Urmi Estate, 95, Ganpatrao Vs. Kadam Marg, Lower Parel (W), Bhavan, Maharishi Karve Road, Mumbai – 400 013. Mumbai – 400020. Pan/Gir No. Aaacu4122G (Appellant) : (Respondent) Assessee By : Ms. Simran Keswani Respondent By : Shri. Pankaj Kumar, (Cit Dr) Date Of Hearing : 24.03.2025 Date Of Pronouncement : 24.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Final Assessment Order Dated 30.07.2022 Of The Learned Assessing Officer (‘Ld. Ao’ For Short), Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (‘The Act'), Pursuant To The Direction Of The Hon'Ble Dispute Resolution Panel (‘Hon'Ble Drp’ For Short) Dated 29.06.2022 U/S. 144C(5) Of The Act, Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Assessee Intends To Withdraw The Present Appeal & Had Made A Written Submission On March, 2025 To That Effect Stating That The Assessee Has Opted To Settle The Dispute Utv Software Communications Private Limited Through The Direct Tax Vivad Se Vishwas Scheme, 2024 Along With The Relevant Forms As Per The Dtvsv 2024 Scheme. 3. Upon Perusal Of The Same, We Deem It Fit To Dismiss The Appeal Filed By The Assessee As Withdrawn With The Liberty That The Assessee May Revive The Appeal If The Same Has Not Been Settled In The Dtvsv Scheme, If & When Necessary. 4. In The Result, The Appeal Filed By The Assessee Is Dismissed As Withdrawn. Order Pronounced In The Open Court On 24.03.2025 (Narendra Kumar Billaiya)Mumbai; Dated: 24.03.2025 Karishma J. Pawar (Stenographer) Copy Of The Order Forwarded To: 1. The Appellant 2. The Respondent 3. Cit- Concerned 4. Dr, Itat, Mumbai 5. Guard File By Order

For Appellant: Ms. Simran KeswaniFor Respondent: Shri. Pankaj Kumar, (CIT DR)
Section 143(3)Section 144C(5)

INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI. NARENDRA KUMAR BILLAIYA, AM AND MS. KAVITHA RAJAGOPAL, JM UTV Software Communications The Assistant Commissioner of Private Limited Income Tax, Circle – 16(1) Room No. 467, 4th Floor, Aayakar Star House, Urmi Estate, 95, Ganpatrao Vs. Kadam Marg, Lower Parel

Shailesh Dattatray Arekar, Gujarat vs. ACIT, Vapi

In the result, appeal of the assessee is dismissed as withdrawn

ITA 38/SRT/2024[2016-17]Status: DisposedITAT Surat21 Mar 2025AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.38/Srt/2024 Assessment Year: (2016-17) (Hybrid Hearing) Shailesh Dattatray Arekar Assistant Commissioner Of Income- बनाम/ Daxini Faliya, Sarigam-396 Tax, Vapi, Circle, Fortune Square Ii, Vs. 155 8Th Floor, Above Tbz, Chala, Vapi- 396 191 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Bjcpa 0781 Q (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Chetan Khakhkhar, Ca राज" की ओर से /Respondent By Shri Ashish Pophare, Cit-Dr सुनवाई की तारीख/Date Of Hearing 06/03/2025 उद्घोषणा की तारीख/Date Of Pronouncement 24/03/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By Assessee Emanates From The Order Dated 28.11.2023 Passed By The National Faceless Appeal Centre, Delhi Under Section 250 Of The Income-Tax Act, 1961 For Assessment Year (Ay) 2016-17. This Appeal Came Up Hearing Today (6Th March 2025). 2. The Learned Counsel For The Assessee Submits That The Assessee Has Applied For Seeking The Benefits Of Direct Vivad Se Visvas Scheme -2024 (Dtvsv-24) & His Application Has Been Accepted. The Learned Counsel For The Assessee Further Submits That He May Be Allowed To Withdraw This Appeal. The Assessee Has Also Filed Copy Of Form No. 1 & 2 Of Dvsv-24. Form No.2 Was Issued By The Designated Authority On 26.12.2024. This Fact Was Confronted

Section 250

SUCHITRA KAMBLE, JUDICIAL MEMBER & SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.38/SRT/2024 Assessment Year: (2016-17) (Hybrid hearing) Shailesh Dattatray Arekar Assistant Commissioner of Income- बनाम/ Daxini Faliya, Sarigam-396 tax, Vapi, Circle, Fortune Square II, Vs. 155 8th Floor, Above TBZ, Chala, Vapi- 396 191 "थायीलेखासं./जीआइआरसं