← 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

Sharma Real Estate Pvt. Ltd., Malda vs. A.C.I.T., Circle - 3(1), Malda

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1944/KOL/2024[2017-2018]Status: DisposedITAT Kolkata10 Dec 2024AY 2017-2018

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 1944/Kol/2024 Assessment Year: 2017-2018 Sharma Real Estate Private Limited,…………Appellant 43, N.S. Road, English Bazar, Malda-732101, West Bengal [Pan:Aakcs8979F] -Vs.- Assistant Commissioner Of Income Tax,...Respondent Circle-3(1), Malda, Income Tax Office, Netaji Market Complex, 1St Floor, Rathbari, Malda-732101, West Bengal Appearances By: Shri Ashim Prakash, C.A., Appeared On Behalf Of The Assessee Shri Arun Kanti Dutta, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 19, 2024 Date Of Pronouncing The Order: December 10, 2024 O R D E R

Section 143(2)

1944/KOL/2024 Assessment Year: 2017-2018 Sharma Real Estate Private Limited,…………Appellant 43, N.S. Road, English Bazar, Malda-732101, West Bengal [PAN:AAKCS8979F] -Vs.- Assistant Commissioner of Income Tax,...Respondent Circle-3(1), Malda, Income Tax Office, Netaji Market Complex, 1st Floor, Rathbari, Malda-732101, West Bengal Appearances by: Shri Ashim ... Sharma Real Estate Private Limited Copies to :(1) Sharma Real Estate Private Limited, 43, N.S. Road, English Bazar, Malda-732101, West Bengal (2) Assistant Commissioner of Income Tax, Circle-3(1), Malda, Income Tax Office, Netaji Market Complex, 1st Floor, Rathbari, Malda-732101, West Bengal (3) Commissioner of Income

Mmtc-Pamp India Private Limited, Delhi vs. Assistant Commissioner of Income Tax, Delhi

In the result, appeal of the assessee is dismissed as withdrawn

ITA 1023/DEL/2024[2015-16]Status: DisposedITAT Delhi10 Dec 2024AY 2015-16

Bench: Shri Vikas Awasthyआअसं.1023/िद"ी/2024 (िन.व. 2015-16) Mmtc-Pamp India P. Ltd., Plot No. 221, Ground Floor, Okhla Industrial Estate, Phase-Iii, S.O Tehkhand South East Delhi-110020 ...... अपीलाथ"/Appellant Pan: Aafcm-3576-K बनाम Vs. Assistant Commissioner Of Income Tax, Special Range 6, C.R Building, Ito, I.P Estate, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Ms. Deepti Gupta, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Rajesh Tiwari, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 10/12/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 10/12/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 12.01.2024, For Assessment Year 2015-16. 2. The Counsel For The Assessee Stated At Bar That The Assessee Has Opted To Settle The Issue In Appeal Under Vsvs 2024. He Placed On Record Copy Of Form No. 1 Filed Under The Scheme & Submitted That Form No. 2 From The Department Is Awaited. He Prayed For Withdrawing The Appeal.

For Appellant: Ms. Deepti Gupta, Chartered AccountantFor Respondent: Shri Rajesh Tiwari, Sr. DR

Plot No. 221, Ground Floor, Okhla Industrial Estate, Phase-III, S.O Tehkhand South East Delhi-110020 ...... अपीलाथ"/Appellant PAN: AAFCM-3576-K बनाम Vs. Assistant Commissioner of Income Tax, Special Range 6, C.R Building, ITO, I.P Estate, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant by : Ms. Deepti Gupta, Chartered

Sanjay Malhotra L/H of Banvesh Dutt Malhotra, Delhi vs. ACIT Circle-43(1), Delhi

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

ITA 2453/DEL/2024[2010-11]Status: DisposedITAT Delhi09 Dec 2024AY 2010-11

Bench: Shri Vikas Awasthyआअसं.2453/िद"ी/2024 (िन.व. 2010-11) Sanjay Malhotra, L/H Of Banvesh Dutt Malhotra, 76-B, Dda Flats Lig, Rajouri Garden Extn., New Delhi 110027 ...... अपीलाथ"/Appellant Pan: Aqdpm-7218-B बनाम Vs. Assistant Commissioner Of Income Tax, Circle-43(1), Pratyaksh Kar Bhawan, Civic Centre, Block-E-2, Room 1807, Minto Road, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Shri V Rajkumar, Advocate "ितवादी"ारा/Respondent By : Shri Rajesh Tiwari, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 09/12/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 09/12/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 28.03.2024, For Assessment Year 2011-12. 2. Both Sides Heard, Order Of The Authorities Below Examined. A Perusal Of The Impugned Order Reveals That The Cit(A) Had Issued Notices To The Assessee On Four Occasions But There Was No Response From Assessee’S Side. The Cit(A) Decided Appeal Of The Assessee In An Ex-Parte Proceedings On The Basis Of Statement Of Facts Furnished By The Assessee Along With Appeal. A Perusal Of Assessment Order Reveals That The Assessee Has Not Appeared Before The Assessing Officer (Ao) As Well.

For Appellant: Shri V Rajkumar, AdvocateFor Respondent: Shri Rajesh Tiwari, Sr. DR
Section 142(1)Section 148

Banvesh Dutt Malhotra, 76-B, DDA Flats LIG, Rajouri Garden Extn., New Delhi 110027 ...... अपीलाथ"/Appellant PAN: AQDPM-7218-B बनाम Vs. Assistant Commissioner of Income Tax, Circle-43(1), Pratyaksh Kar Bhawan, Civic Centre, Block-E-2, Room 1807, Minto Road, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant

Power and Instrumentation (Gujarat) Limited, Ahmedabad vs. Circle 3(3)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1212/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad06 Dec 2024AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1212/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Power & Instrumentation The Acit बनाम/ (Gujarat) Ltd. Circle-3(3)(1) V/S. 12, Sunshin Industrial Estate Ahmedabad – 390 014 Rakhial, Ahmedabad – 380 023 "थायी लेखा सं./Pan: Aaccp 4292 Q (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Chetan Agarwal, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 26/11/2024 घोषणा की तारीख /Date Of Pronouncement: 06/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 07/05/2024 Passed By The Commissioner Of Income Tax (Appeals) [Hereinafter Referred To As "Cit(A)"] Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], Upholding The Order Of Rectification Dated 23-11-2021 Under Section 154 Of The Act For The Assessment Year (Ay) 2018-19 Passed By The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad [Hereinafter Referred To As "Ao"].

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(1)Section 154Section 250

order of rectification dated 23-11-2021 under Section 154 of the Act for the Assessment Year (AY) 2018-19 passed by the Assistant Commissioner of Income Tax, Circle 3(1)(1), Ahmedabad [hereinafter referred to as "AO"]. ITA No1212/Ahd/2024. Power and Instrumentation (Gujarat) Ltd. vs.ACIT, Asst. Year