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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

Utpaul Pal, Kolkata vs. ACIT, Cir. 24(1), Hooghly

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

ITA 837/KOL/2024[2017-18]Status: DisposedITAT Kolkata28 Nov 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 837/Kol/2024 Assessment Year: 2017-2018 Utpal Pal,…………………………………..…………Appellant 211, D.P. Mukherjee Lane, Sheoraphuly, Hooghly-712223 [Pan:Aslpp8480G] -Vs.- Assistant Commissioner Of Income Tax,….Respondent Circle-24(1), Hooghly, Roopmahal, Khadina More, Station Road, Chinsurah, Hooghly-712101 Appearances By: Shri C.M. Roy, Ca, Appeared On Behalf Of The Assessee Shri Manas Mondal, Addl. Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 12, 2024 Date Of Pronouncing The Order: November 28, 2024 O R D E R

Section 69A

Reddy, Vice-President (KZ) I.T.A. No. 837/KOL/2024 Assessment Year: 2017-2018 Utpal Pal,…………………………………..…………Appellant 211, D.P. Mukherjee Lane, Sheoraphuly, Hooghly-712223 [PAN:ASLPP8480G] -Vs.- Assistant Commissioner of Income Tax,….Respondent Circle-24(1), Hooghly, Roopmahal, Khadina More, Station Road, Chinsurah, Hooghly-712101 Appearances by: Shri C.M. Roy, CA, appeared ... Reddy) Vice-President (KZ) Kolkata, the 28th day of November, 2024 Copies to :(1) Utpal Pal, 211, D.P. Mukherjee Lane, Sheoraphuly, Hooghly-712223 (2) Assistant Commissioner of Income Tax, Circle-24(1), Hooghly, Roopmahal, Khadina More, Station Road, Chinsurah, Hooghly-712101 (3) Commissioner of Income Tax (Appeals); 3 Utpal

Nuevosol Energy Private Limited, Hyderabad vs. ACIT., Circle-16(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 958/HYD/2024[2018-19]Status: DisposedITAT Hyderabad27 Nov 2024AY 2018-19

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.958/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19) Nuevosol Energy Private Vs. Assistant Commissioner Limited Of Income Tax Hyderabad Circle-16(1) [Pan : Aadcn7551K] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Gvn Hari, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 26/11/2024 घोर्णध की तधरीख/Date Of 27/11/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25/07/2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2018-19 On The Following Grounds : 1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Contrary To The Facts & Also The Law Applicable To The Facts Of The Case. 2. The Learned Commissioner Of Income Tax (Appeals) Is Not Justified In Sustaining The Addition Of Rs.2,65,80,027

For Appellant: Shri GVN Hari, ARFor Respondent: : Shri Srinath Sadanala, DR
Section 36(1)(vii)

Accountant Member and Shri K. Narasimha Chary, Judicial Member आ.अपी.सं /ITA No.958/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19) Nuevosol Energy Private Vs. Assistant Commissioner Limited of Income Tax Hyderabad Circle-16(1) [PAN : AADCN7551K] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri GVN Hari, AR रधजस् व द्वधरध ... S.No Addresses 1 NUEVOSOL Energy Private Limited, H.No.1-89/A, Plot No.15, 1st Floor, Mahi Towers, Shilp Enclave, Madhapur, Hyderabad 2 The Assistant Commissioner of Income Tax, Circle-16(1), Hyderabad 3 The Pr. CIT, Hyderabad 4 The DR, ITAT Hyderabad Benches 5 Guard File By Order