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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

Sri. S M Venkatesha Legal Heir of Late Smt. Nibgoor Hanumanthappa Ushanandini, Davangere vs. Assistant Commissioner of Income Tax, Circle-2(1), Davangere

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

ITA 1365/BANG/2024[2016-17]Status: DisposedITAT Bangalore27 Aug 2024AY 2016-17

Bench: Shri Prakash Chand Yadav & Shri Waseem Ahmedlate Smt. Nibgoor The Assistant Commissioner Hanumanthappa Ushanandini, L/R Of Income Tax, Circle-2(1), By Sri Sm Venkatesha, Shop No.2, Davangere Mk No. 342, Vinayaka Wine Vs. Stores, Mahantheshwara Road, Honnali Taluk, Davangere-577223 Pan – Aarpu4962E (Appellant) (Respondent) Assessee By: Ms. Sunaiana Bhatia, Ca Revenue By: Sri. Ganesh R. Ghale, Standing Counsel Date Of Hearing: 22.08.2024 Date Of Pronouncement: 27.08.2024 O R D E R Per: Prakash Chand Yadav, J.M. Present Appeal Of The Assessee Is Arising From The Order Of Ld. Cit(A) Dated 20.06.2023 Having Din & Order No. Itba/Nfac/S/250/2023- 24/1053822082(1) & Relates To Assessment Year (Ay) 2016-17. 2. There Is A Delay Of 335 Days In Filing Appeal Before The Income Tax Appellate Tribunal. Explaining The Reasons For Delay, The Counsel For The Assessee Has Drawn The Attention Of Bench Towards The Affidavit Filed By Her Legal Heir Placed In Paper Book At Page No. 1 To 4. At The Outset, Counsel For The Assessee Submitted That The Assessee Expired On 29Th November, 2019 & Thereafter, The Legal Heir Of The Assessee Was Not Checking The Email-Id

For Appellant: Ms. Sunaiana Bhatia, CAFor Respondent: Sri. Ganesh R. Ghale, Standing Counsel

APPELLATE TRIBUNAL BENGALURU “A” BENCH, BENGALURU Before Shri Prakash Chand Yadav, Judicial Member and Shri Waseem Ahmed,Accountant Member Late Smt. Nibgoor The Assistant Commissioner Hanumanthappa Ushanandini, L/R of Income Tax, Circle-2(1), by Sri SM Venkatesha, Shop No.2, Davangere MK No. 342, Vinayaka Wine vs. Stores, Mahantheshwara Road