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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

Ashutosh Das, Durgapur vs. A.C.I.T., Circle - 1, Durgapur

In the result, this appeal of the assessee is dismissed

ITA 1954/KOL/2024[2015-2016]Status: DisposedITAT Kolkata18 Nov 2024AY 2015-2016

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. Nos. 1942 & 1954/Kol/2024 Assessment Year: 2015-2016 Ashutosh Das,……………………………….….……Appellant C/O. Jain Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6Th Floor, Kolkata-700017 [Pan:Adfpd9215N] -Vs.- Assistant Commissioner Of Income Tax,...Respondent Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 Appearances By: Shri Vinod Kr. Jain, Fca, Appeared On Behalf Of The Assessee Shri Pradip Kumar Biswas, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 24, 2024 Date Of Pronouncing The Order: November 18, 2024 O R D E R

Section 147Section 2(47)Section 250

Ashutosh Das,……………………………….….……Appellant C/o. Jain Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6th Floor, Kolkata-700017 [PAN:ADFPD9215N] -Vs.- Assistant Commissioner of Income Tax,...Respondent Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 Appearances by: Shri Vinod Kr. Jain, FCA, appeared on behalf of the assessee ... Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6th Floor, Kolkata-700017 ITA Nos. 1942 & 1954/KOL/2024 (A.Y. 2015-2016) Ashutosh Das (2) Assistant Commissioner of Income Tax, Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi

Ashutosh Das, Durgapur vs. A.C.I.T., Circle - 1, Durgapur

In the result, this appeal of the assessee is dismissed

ITA 1942/KOL/2024[2015-2016]Status: DisposedITAT Kolkata18 Nov 2024AY 2015-2016

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. Nos. 1942 & 1954/Kol/2024 Assessment Year: 2015-2016 Ashutosh Das,……………………………….….……Appellant C/O. Jain Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6Th Floor, Kolkata-700017 [Pan:Adfpd9215N] -Vs.- Assistant Commissioner Of Income Tax,...Respondent Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 Appearances By: Shri Vinod Kr. Jain, Fca, Appeared On Behalf Of The Assessee Shri Pradip Kumar Biswas, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 24, 2024 Date Of Pronouncing The Order: November 18, 2024 O R D E R

Section 147Section 2(47)Section 250

Ashutosh Das,……………………………….….……Appellant C/o. Jain Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6th Floor, Kolkata-700017 [PAN:ADFPD9215N] -Vs.- Assistant Commissioner of Income Tax,...Respondent Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 Appearances by: Shri Vinod Kr. Jain, FCA, appeared on behalf of the assessee ... Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6th Floor, Kolkata-700017 ITA Nos. 1942 & 1954/KOL/2024 (A.Y. 2015-2016) Ashutosh Das (2) Assistant Commissioner of Income Tax, Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi

Neetu Agarwal, Kolkata vs. Income Tax Officer, Kolkata

The appeal of the assessee is allowed

ITA 1898/KOL/2024[2021-22]Status: DisposedITAT Kolkata18 Nov 2024AY 2021-22

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1898/Kol/2024 Assessment Year: 2021-22 Neetu Agarwal………………………………………………………….…..……Appellant Flat 6C, Block 2, Shree Ramnagar Residential Complex, Vip Road, Tegharia, W.B – 700052. [Pan: Actpa2426P] Vs. Ito, Kolkata……………..............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Puja Agarwal, A.R, 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 30, 2024 Date Of Pronouncing The Order : November 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 11.07.2024 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’). 2. The Assessee Is A Resident Individual, Who Filed Her Return Of Income On 29.12.2021 For The Financial Year 2020-21 Relevant To Assessment Year 2021-22 Reporting A Total Income Of Rs.25,58,440/-. The Assessee Discharged Her Tax Liability By Way Of Tax Deducted At Source Amounting To Rs.2,80,028/-, Self-Assessment Tax Of Rs.22,740/- & Foreign Tax Credit (‘Ftc’) Of Rs.2,25,936/-. The Assessee Also Filed Form.67 Which Was Filed On 25.01.2022. An Intimation U/S 143(1) Of The Act Was Issued On 28.10.2022 In Which The Ftc Was Not Provided To The Assessee. This Disallowance Resulted In Tax Demand Of Rs.2,79,130/-.

Section 139(1)Section 143(1)Section 154Section 250Section 90

denied merely on the delay in filing the Form No. 67. In the case of M/s. 42 Hertz Software India Pvt. Ltd. Vs the Assistant Commissioner of Income Tax, Circle – 3 (1)(1), Bangalore, ITA No. 29/Bang/2021 ITAT, BANGALORE it is held that: 6. There is no dispute that

Del Monte Foods Private Limited, New Delhi vs. ACIT Circle 9(1), New Delhi

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

ITA 1749/DEL/2024[2007-08]Status: DisposedITAT Delhi18 Nov 2024AY 2007-08

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1749/िद"ी/2024 (िन.व. 2007-08) Del Monte Foods P. Ltd., Bharti Crescent 1, Nelson Mandela Road, Vasant Kunj, Phase Ii, New Delhi 110070 ...... अपीलाथ"/Appellant Pan: Aaacf-8488-N बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 9(1), Cr Building, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Shri Anil Bhalla, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Vivek Kumar Upadhyay, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 18/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 18/11/2024 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 27.02.2024, For Assessment Year 2007-08. 2. Shri Anil Bhalla, Appearing On Behalf Of The Assessee Submits That During The Course Of Assessment Proceedings The Assessing Officer (Ao) Had Made Addition On Account Of Advances Written Off Amounting To Rs.3,20,34,757/- & Had Initiated

For Appellant: Shri Anil Bhalla, Chartered AccountantFor Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Section 271(1)(c)Section 274

Foods P. Ltd., Bharti Crescent 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi 110070 ...... अपीलाथ"/Appellant PAN: AAACF-8488-N बनाम Vs. Assistant Commissioner of Income Tax, ..... "ितवादी/Respondent Circle 9(1), CR Building, New Delhi 110002 अपीलाथ" "ारा/ Appellant by : Shri Anil Bhalla, Chartered Accountant "ितवादी"ारा

Maideen Pitchai Rawther Peer Mohammed, Chennai vs. ACIT, Ncc-5, Chennai

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

ITA 1993/CHNY/2024[2014-15]Status: DisposedITAT Chennai13 Nov 2024AY 2014-15

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1993/Chny/2024 िनधा"रण वष"/Assessment Year: 2014-15 Maideen Pitchai Rawther Peer Vs. The Assistant Commissioner Of Mohammed, New No. 55, Old No. 16, Income Tax, Perianna Meistry Street, Periamet, Non Corporate Circle - 5, Chennai 600 003. Chennai. [Pan: Aajpp4740R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Meenatchi Sundaram, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 11.11.2024 घोषणा की तारीख /Date Of Pronouncement : 13.11.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2014-15. 2. Ground Nos. 1(I) To (Iv) Raised By The Assessee In Challenging The Action Of The Ld. Cit(A) In Confirming The Addition Made Under Section 41(1) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri K. Meenatchi Sundaram, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 14ASection 41(1)

Member & Shri Amitabh Shukla, Accountant Member आयकर अपील सं./I.T.A. No.1993/Chny/2024 िनधा"रण वष"/Assessment Year: 2014-15 Maideen Pitchai Rawther Peer Vs. The Assistant Commissioner of Mohammed, New No. 55, Old No. 16, Income Tax, Perianna Meistry Street, Periamet, Non Corporate Circle - 5, Chennai 600 003. Chennai. [PAN: AAJPP4740R