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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

Mehrunnisan Sherwani, Okhla vs. Income Tax Officer W 28(1), Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4728/DEL/2024[2012-2013]Status: DisposedITAT Delhi06 Jan 2025AY 2012-2013

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant PAN: AADCS-6118-F बिाम Vs. Assistant Commissioner of Income Tax, Central Circle-1, 3rd Floor, ARA Centre, E-2, ..... प्रनिवादी/Respondent Jhandewalan Extn. New Delhi 110055 2 Sahara India Commercial Corporation ... 5534/Del/2017 (A.Ys. 2010-11, 2012-13 to 2014-15) आअसं.2369/धिल्ली/2018(नि.व. 2015-16) Assistant Commissioner of Income Tax, Central Circle-1, 3rd Floor, ARA Centre, E-2, ...... अपीलार्थी/Appellant Jhandewalan Extn. New Delhi 110055 बिाम Vs. Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare

Vaishno Industries, Delhi vs. ITO, Ward-59(06), Delhi

In the result, all these six appeals are dismissed as withdrawn

ITA 4688/DEL/2024[2018-19]Status: DisposedITAT Delhi06 Jan 2025AY 2018-19

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh[Assessment Year: 2011-12] Ahresty India Private Assistant Commissioner Of Income Limited, Plot No.194, Tax (Ld. Ao'), Circle-Rewari, Sectore-4, Phase-Ii, Hsic Vs Near Gandhi Chowk, Growth Centre, Bawal, Haryana-123401 Dist. Rewari, Haryana-123501 Pan-Aagca1057N Appellant Respondent [Assessment Year: 2011-12] Assistant Commissioner Of Ahresty India Private Limited, Income Tax (Ld. Ao'), Circle- Plot No.194, Sectore-4, Phase-Ii, Rewari, Vs Hsic Growth Centre, Bawal, Near Gandhi Chowk, Dist. Rewari, Haryana-123401 Haryana-123501 Pan-Aagca1057N Appellant Respondent [Assessment Year: 2012-13] Ahresty India Private Assistant Commissioner Of Income Limited, Plot No.194, Tax (Ld. Ao'), Circle-Rewari, Sectore-4, Phase-Ii, Hsic Vs Near Gandhi Chowk, Growth Centre, Bawal, Haryana-123401 Dist. Rewari, Haryana-123501 Pan-Aagca1057N Appellant Respondent [Assessment Year: 2012-13] Assistant Commissioner Of Ahresty India Private Limited, Income Tax (Ld. Ao'), Circle- Plot No.194, Sectore-4, Phase-Ii, Rewari, Vs Hsic Growth Centre, Bawal, Near Gandhi Chowk, Dist. Rewari, Haryana-123401 Haryana-123501 Pan-Aagca1057N Appellant Respondent

DELHI BEFORE SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER [Assessment Year: 2011-12] AHRESTY INDIA PRIVATE Assistant Commissioner of Income LIMITED, Plot No.194, Tax (Ld. AO'), Circle-Rewari, Sectore-4, Phase-II, HSIC Vs Near Gandhi Chowk, Growth Centre, Bawal, Haryana-123401 Dist. Rewari ... Haryana-123501 PAN-AAGCA1057N Appellant Respondent [Assessment Year: 2011-12] Assistant Commissioner of AHRESTY INDIA PRIVATE LIMITED, Income Tax (Ld. AO'), Circle- Plot No.194, Sectore-4, Phase-II, Rewari, Vs HSIC Growth Centre, Bawal, Near Gandhi Chowk, Dist. Rewari, Haryana-123401 Haryana-123501 PAN-AAGCA1057N Appellant Respondent [Assessment Year

Mintu Das, Kolkata vs. ACIT, Cir. 28, Kolkata

In the result, appeal of the assessee is allowed as per terms indicated above

ITA 8/KOL/2024[2015-16]Status: DisposedITAT Kolkata06 Jan 2025AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.08/Kol/2024 Assessment Year: 2015-16 Mintu Das………………………...………........………………....Appellant C/O S. N. Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Kolkata –1. [Pan: Adppd3034M] Vs. Acit, Circle-28, Kolkata…….……….…............................…..…..... Respondent Appearances By: Shri Somnath Ghosh, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 21, 2024 Date Of Pronouncing The Order : January 06, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Assessment Year 2015-16. 2. In This Appeal, The Assessee Challenged The Validity Of The Assessment Proceedings Completed U/S 143(3) Of The Act & Consequent To That, An Addition Of Rs.69,42,916/- U/S 68 R.W.S. 115Bbe Of The Act & Further Addition Of A Sum Of Rs.4,86,004/- U/S 69 R.W.S. 115Bbe Of The Act. 3. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income On 28.09.2015 By Declaring A Total Income Of Rs.16,50,920/-. The Case Of The Assessee Was Selected For Scrutiny Under Compulsory

Section 10(38)Section 115BSection 143(2)Section 143(3)Section 250Section 68Section 69

less, was lying with the ITO. He has further submitted that however the assessment in this case has been framed by Assistant Commissioner of Income Tax, Circle-29, Kolkata (ACIT) who did not have jurisdiction to frame the assessment in question. The ld. Counsel has submitted that the issue ... assessee submitted that as per Board Instruction No. 1/2011 [F. No. 187/12/2010-IT(A-I)], dt. 31/01/2011, the jurisdiction of the assessee is with the Assistant Commissioner of Income Tax, Circle-1, Durgapur, as the assessee is a non-corporate assessee and the income returned is above Rs.15