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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

Nvidia Graphics Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle 2(4), Bangalore

In the result, appeal filed by the assessee s party allowed

ITA 1111/BANG/2024[2014-15]Status: DisposedITAT Bangalore23 Oct 2024AY 2014-15

Bench: Shri George George K & Ms. Padmavathi. Sr Assessment Year : 2014-15 M/S. Nvidia Graphics Pvt. Ltd., Vs. Acit, Mahadevpura Village, Central Circle – 2(4), K. R. Puram Hobli, Marathalli Bangalore. Bagmane Goldstone Building, North Tower, Mahadevpura S.O, Bangalore – 560 048. Pan : Aabcn 9200 H Appellant Respondent Assessee By : Shri. Nageshwar Rao, Advocate Revenue By : Ms. Neha Sahay, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 17.10.2024 Date Of Pronouncement : 23.10.2024

For Appellant: Shri. Nageshwar Rao, AdvocateFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 234BSection 234CSection 250Section 271(1)(c)Section 28

reassessment proceedings initiated by Assessing Officer under section 147 was not based on change of opinion. [2019] 110 taxmann.com 57 (Delhi) Chelan Sabharwal v. Assistant Commissioner of Income-tax, Circle-28(1): In this case the Hon'ble High Court of Delhi held that where original assessment orders were silent ... could not be said that reason to believe constituted a 'change of opinion' [2011] 16 taxmann.com 190 (Bom.) Indian Hume Pipe Co. Ltd v. Assistant Commissioner of Income-tax, Central Circle-22 : In this case the Hon 'ble High Court of Bombay held that mere production of account books

Mohammad Farooque Abdul Majeed, Malegaon vs. The Asstt. Commissioner of Income-Tax, Circle, Malegaon.

In the result, appeal of the assessee is allowed

ITA 1182/PUN/2023[2017-18]Status: DisposedITAT Pune22 Oct 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1182/Pun/2023 िनधा"रण वष" / Assessment Year: 2017-18 Mohammad Farooque V The Assistant Commissioner Abdul Majeed, S Of Income Tax, Circle Coop Industrial Compound, Malegaon, Malegaon. Quadwai Road, At Post – Malegaon, Dist, Nashik – 423203. Pan : Aaqpm7490N Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 08/10/2024 Date Of Pronouncement 22/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Dated 13.09.2023 Under Section 250 Of The Income Tax Act 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Basis Of The Facts & In The Circumstances Of The Case & As Per Law, The Cit (A) Is Not Justified In Confirming The Addition To The Extent Of Rs. 34,30,812/- On Account Of Cash Deposited In Bank Account.

Section 144Section 250Section 44ASection 69A

JUDICIAL MEMBER, AND DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.1182/PUN/2023 िनधा"रण वष" / Assessment Year: 2017-18 Mohammad Farooque V The Assistant Commissioner Abdul Majeed, s of Income Tax, Circle Coop Industrial Compound, Malegaon, Malegaon. Quadwai Road, At Post – Malegaon, Dist, Nashik – 423203. PAN : AAQPM7490N Appellant / Assessee