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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

Bose Corporation India Private Limited, Gurugram, Haryana vs. Assistant Commissioner of Income Tax, Circle 73 (1), New Delhi

ITA 2003/DEL/2024[2013-14]Status: DisposedITAT Delhi05 Dec 2024AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 2003/Del/2024 : Asstt. Year : 2013-14 Ita No. 2004/Del/2024 : Asstt. Year : 2016-17 Bose Corporation India Pvt. Ltd., Vs Acit, 1St Floor, Tower-A, Building No. 10, Circle-73(1), Dlf Cyber City, Dlf Phase-Ii, New Delhi-110092 Gurugram, Haryana-122002 (Appellant) (Respondent) Pan No. Aaacb3260A Assessee By : Dr. Sashwat Bajpai, Adv. Revenue By : Sh. Poojan Rana, Sr. Dr Date Of Hearing: 19.11.2024 Date Of Pronouncement: 05.12.2024 Order Per Satbeer Singh Godara: These Assessee’S Instant Two Appeals Ita Nos. 2003 & 2004/Del/2024, For Assessment Years 2013-14 & 2016-17, Arise Against The Cit(A)/Nfac, Bengaluru’S Common Orders Dated 29.02.2024 In Din & Order No. Itba/Apl/S/250/2023- 24/1061748591(1) & In Din & Order No. Itba/Apl/S/250/2023-24/1061768679(1), In Proceedings U/S 201(1A) & 201 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Dr. Sashwat Bajpai, AdvFor Respondent: Sh. Poojan Rana, Sr. DR
Section 194Section 194CSection 201Section 201(1)

appellant filed 3 grounds of appeal. 4.1 Ground no.1: That on the facts and circumstances of the case and in law, the Learned Assistant Commissioner of Income Tax (TDS) Circle 73(1), New Delhi (Ld. AO) has erred in treating the appellant as Assessee in Default under section

Kpr Mill Limited, Coimbatore vs. ACIT, Corp Circle-2, Coimbatore

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

ITA 1244/CHNY/2023[2018-19]Status: DisposedITAT Chennai04 Dec 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1244/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 K P R Mill Limited, Vs. The Assistant Commissioner Of 9, Gokul Buildings, Thadagam Road, Income Tax, A.K.S. Nagar, Coimbatore 641 001. Corporate Circle 2, Coimbatore. [Pan:Aacck0893N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 04.12.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.12.2022 Passed By The Ld. Principal Commissioner Of Income Tax, Coimbatore-1, Coimbatore For The Assessment Year 2018-19. 2. We Find That This Appeal Was Filed With A Delay Of 271 Days. The Assessee Filed An Affidavit Along With Petition For Condonation Of Delay Stating Reasons For The Said Delay. Upon Hearing Both The Parties & On Examination Of The Petition, We Find That The Reasons Stated By The Assessee Are Bonafide, Which Really Prevented The Assessee In Filing The 2

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri Nilay Baran Som, CIT

Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.A. No.1244/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 K P R Mill Limited, Vs. The Assistant Commissioner of 9, Gokul Buildings, Thadagam Road, Income Tax, A.K.S. Nagar, Coimbatore 641 001. Corporate Circle 2, Coimbatore. [PAN:AACCK0893N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ

Sainath Sakharam Tare, Thane vs. Assistant Commissioner of Income Tax, Central Circle-2, Thane

In the result, the appeal is allowed for statistical purpose

ITA 3682/MUM/2024[2013-14]Status: DisposedITAT Mumbai02 Dec 2024AY 2013-14

Bench: Shri Narender Kumar Choudry & Shri Ratnesh Nandan Sahayita No. 3682/M/2024 Assessment Year: 2013-14 Sainath Sakharam Tara Survey No. 84-10/11, Kalyan Padgha Road, Cape Village, Bhiwandi, Dist. Thane - 421302. Pan: Aerpt8712M (Appellant) Assistant Commissioner Of Income Tax, Central Circle - 2, Thane Ashar It Park, 6Th Floor, Road No. 16Z, Wagle Industrial Estate, Thane - 400604. (Respondent) Present For : Assessee By Revenue By : Shri Gaurav Kabra Shri Dr. Kishor Dhule, Cit D.R.& Smt. Sujatha P. Iyengar - Sr. Ar. Date Of Hearing Date Of Pronouncement Order : 05.09.2024 : 02.12.2024 Per : Ratnesh Nandan Sahay, 1. This Appeal Has Been Filed By The Appellant Against The Order Of The Ld. Cit (Appeals) Passed U/S. 250 Of The Income Tax Act [The 'Act' In Short] Vide Din & Order No. Itba/Apl/S/250/2024-25/1065032024(1) Dated 21/05/2024 For The Assessment Year 2013-14. Page | 2

For Appellant: 1. On the facts and circumstances of the case as well as in lawFor Respondent: Shri Gaurav Kabra Shri Dr. Kishor Dhule, CIT D.R.& Smt. Sujatha P. Iyengar - Sr.
Section 132Section 143(3)Section 153ASection 153CSection 250Section 269Section 271

Assessment Year: 2013-14 Sainath Sakharam Tara Survey No. 84-10/11, Kalyan Padgha Road, Cape Village, Bhiwandi, Dist. Thane - 421302. PAN: AERPT8712M (Appellant) Assistant Commissioner of Income Tax, Central Circle - 2, Thane Ashar IT Park, 6th Floor, Road No. 16z, Wagle Industrial Estate, Thane - 400604. (Respondent) Present for : Assessee