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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

Sadhana Ashok Bhandari, Pune vs. ITO Ward 5(1), Pune

In the result, Appeal of the assessee is allowed

ITA 1615/PUN/2024[2017-18]Status: DisposedITAT Pune25 Nov 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1615/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sadhana Ashok Bhandari, V The Income Tax Officer, Queenies Duplex, Vidyasagar S Ward-5(1), Pune. Colonym, Salisbury Park, Market Yard, Pune – 411037. Pan: Agmpb0289Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Rishabh Patni – Ca/Ar Revenue By Shri Prakash L Pathade - Dr Date Of Hearing 14/11/2024 Date Of Pronouncement 25/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For A.Y.2017- 18 Dated 14.06.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Act, It Be Held That The Ld.Ao Framed The Assessment Order Without Issuing Show Cause Notice To The Appellant Is Violation Of Principles Of Natural Justice & Not In Accordance With The Provisions Of Law. The Assessment So Framed Shall Be Treated As Null & Void. Appellant Be Granted Just & Proper Relief In This Respect.

Section 250Section 69A

12th January 1946, had got to be appreciated, having, regard to those entries in the cash books and the affidavits filed before the Appellate Assistant Commissioner, taking them at their face value. The entries in the cash books disclosed that, taking the number of high denomination notes ... 18th January 1946 through the Eastern Bank. A mere calculation of the nature indulged in by the Income tax Officer or the Appellate Assistant Commissioner was not enough, without any further scrutiny, to dislodge the position taken up by the appellants, supported as it was, by the entries

DCIT, Chennai vs. Ab Mauri India Private Limited, Chennai

In the result, the appeal filed by the Revenue is partly-allowed

ITA 3318/CHNY/2018[2013-14]Status: DisposedITAT Chennai25 Nov 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.3318/Chny/2018 (िनधा"रणवष" / Assessment Year: 2013-2014) The Deputy Commissioner Of Vs. M/S. A B Mauri India Private Ltd, Income Tax, Plot No.218 & 219 Bommasandra Corporate Circle 1(1) Jigani Link Road, Rajapura Hobli, Chennai 600 034. Jigani, Anekal Taluk. Bengaluru 560 105. [Pan:Aaeca 9923H ] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. Kavitha, Irs, Addl. Cit. ""यथ" क" ओर से /Respondent By : Shri S P Chidambaram, Advocate सुनवाई क" तार"ख/Date Of Hearing : 20.11.2024 घोषणा क" तार"ख /Date Of Pronouncement : 25 .11.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Ms. Kavitha, IRS, Addl. CITFor Respondent: Shri S P Chidambaram, Advocate
Section 129Section 143(2)Section 143(3)Section 32(1)(ii)

arising out of the order of the Commissioner of Income Tax (Appeals)-4, Chennai in order dated 18.09.2018. The assessment was framed by the Assistant Commissioner of Income Tax (OSD), Corporate Range 1, Chennai for the assessment year 2013-14 u/s.143(3) r.w.s.144C (3) r.w.s.92CA of the Income ... CASS and notice u/s. 143(2) of the Act dt.03/09/2014 was served on the assessee. The case was notified to the office of the Assistant Commissioner of Income Tax (OSD) Corporate Range 1, Chennai vide Pr.CIT-1's notification in C.No.236B /Scrutiny Notification/Pr.CIT- 1/2016-17 dated 28.07.2016. Subsequently notice

M/S. Campus Buildcon Pvt. Ltd., Delhi vs. ACIT, New Delhi

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

ITA 2850/DEL/2017[2010-11]Status: DisposedITAT Delhi22 Nov 2024AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.2850/िद"ी/2017 (िन.व. 2010-11) Templeton Stockgrowth P. Ltd., (Erstwhile M/S. Campus Buildcon P. Ltd.) D-248, Office 103 First Floor, Abhishek Business Centre, Gali No. 10, Laxmi Nagar, Delhi 110092 ...... अपीलाथ"/Appellant Pan: Aadcc-3617-P बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 25(1), New Delhi अपीलाथ" "ारा/ Appellant By : S/Shri Salil Kapoor & Shivam Yadav, Advocates "ितवादी"ारा/Respondent By : Shri Surender Pal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 19/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 22/11/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-33, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 20.02.2017, For Assessment Year 2010-11. 2. The Assessee In Appeal Has Raised A Solitary Issue I.E. Treating Of ‘Short Term Capital Gain’ On Sale Of Shares As ‘Business Income’ Of The Assessee. 3. Shri Salil Kapoor, Appearing On Behalf Of The Assessee Submits That During The Period Relevant To The Assessment Year Under Appeal, The Assessee Had Sold Shares

For Appellant: S/Shri Salil Kapoor, and Shivam Yadav, AdvocatesFor Respondent: Shri Surender Pal, CIT-DR

Office 103 First Floor, Abhishek Business Centre, Gali No. 10, Laxmi Nagar, Delhi 110092 ...... अपीलाथ"/Appellant PAN: AADCC-3617-P बनाम Vs. Assistant Commissioner of Income Tax, ..... "ितवादी/Respondent Circle 25(1), New Delhi अपीलाथ" "ारा/ Appellant by : S/Shri Salil Kapoor, and Shivam Yadav, Advocates "ितवादी"ारा/Respondent by : Shri

Varadarajan Baskaran, Coimbatore vs. DCIT, CC-2, Coimbatore

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 2088/CHNY/2024[2018-19]Status: DisposedITAT Chennai21 Nov 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.2084, 2085, 2086, 2087 & 2088/Chny/2024 (िनधा"रणवष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2017-2018 & 2018-2019) Varadarajan Baskaran, Vs. The Deputy Commissioner Of Prop:- Shrinidhi Gold Bullion, Income Tax, 1080, 1St Floor, Srp Complex, Central Circle-2, Big Bazaar Street, Coimbatore Coimbatore 641 026. [Pan: Afypb 6208A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S. Sridhar, Advocate (Erode) ""यथ" क" ओर से /Respondent By : Shri Nilay Baran Som, Irs, Cit. सुनवाई क" तार"ख/Date Of Hearing : 05.11.2024 घोषणा क" तार"ख /Date Of Pronouncement : 21.11.2024 आदेश / O R D E R Per Bench:-

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri Nilay Baran Som, IRS, CIT
Section 115BSection 132Section 139(4)Section 143(3)Section 144Section 153CSection 69

short ‘CIT(A)’] dated 25.05.2024 and 24.05.2024. The assessment were framed u/s.153C of the Income Tax Act, 1961 (in short “the Act”) by the Assistant Commissioner of Income Tax, Central Circle 2, Coimbatore for assessment years 2015-16, 2016-17, 2017-18 and 2018-2019 vide orders dated