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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

Subhash Sharma., Belurmath vs. ACIT, Cir-47, Kolkata.

In the result both the appeals of the assessee are allowed

ITA 1100/KOL/2023[2013-14]Status: DisposedITAT Kolkata03 May 2024AY 2013-14

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos.1099 & 1100/Kol/2023 Assessment Year: 2012-13 & 2013-14 Subhash Sharma Acit, Circle-47, Kolkata 322, Flat-3E, Tirupati Vs Building, G.T. Road, Block-I, Belurmath-711202. Pan: Altps 5888 E (Appellant) (Respondent) Present For: Assessee By : Shri S.L. Kochar & Shri A. Kochar, Ar Revenue By : Shri Partha Pratim Barman, Addl. Cit, Sr. Dr Date Of Hearing : 04.03.2024 Date Of Pronouncement : 03.05.2024 O R D E R Per Sonjoy Sarma: The Captioned Appeals Are Preferred By The Assessee Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals)-Nfac, Delhi (Hereinafter Referred To As The Ld. Cit(A)”] Both Dated 20.09.2023 For The Ay 2012-13 & 2013-14 Respectively.

For Appellant: Shri S.L. Kochar & Shri A. Kochar, ARFor Respondent: Shri Partha Pratim Barman, Addl. CIT, Sr. DR
Section 143(2)Section 148

less, was lying with the ITO. He has further submitted that however the assessment in this case has been framed by Assistant Commissioner of Income Tax, Circle-29, Kolkata (ACIT) who did not have jurisdiction to frame the assessment in question. The ld. Counsel has submitted that the issue ... assessee submitted that as per Board Instruction No. 1/2011 [F. No. 187/12/2010-IT(A-I)], dt. 31/01/2011, the jurisdiction of the assessee is with the Assistant Commissioner of Income Tax, Circle-1, Durgapur, as the assessee is a non- corporate assessee and the income returned is above Rs.15

Subhash Sharma, Belurmath vs. ACIT, Cir-47, Kolkata.

In the result both the appeals of the assessee are allowed

ITA 1099/KOL/2023[2012-13]Status: DisposedITAT Kolkata03 May 2024AY 2012-13

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos.1099 & 1100/Kol/2023 Assessment Year: 2012-13 & 2013-14 Subhash Sharma Acit, Circle-47, Kolkata 322, Flat-3E, Tirupati Vs Building, G.T. Road, Block-I, Belurmath-711202. Pan: Altps 5888 E (Appellant) (Respondent) Present For: Assessee By : Shri S.L. Kochar & Shri A. Kochar, Ar Revenue By : Shri Partha Pratim Barman, Addl. Cit, Sr. Dr Date Of Hearing : 04.03.2024 Date Of Pronouncement : 03.05.2024 O R D E R Per Sonjoy Sarma: The Captioned Appeals Are Preferred By The Assessee Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals)-Nfac, Delhi (Hereinafter Referred To As The Ld. Cit(A)”] Both Dated 20.09.2023 For The Ay 2012-13 & 2013-14 Respectively.

For Appellant: Shri S.L. Kochar & Shri A. Kochar, ARFor Respondent: Shri Partha Pratim Barman, Addl. CIT, Sr. DR
Section 143(2)Section 148

less, was lying with the ITO. He has further submitted that however the assessment in this case has been framed by Assistant Commissioner of Income Tax, Circle-29, Kolkata (ACIT) who did not have jurisdiction to frame the assessment in question. The ld. Counsel has submitted that the issue ... assessee submitted that as per Board Instruction No. 1/2011 [F. No. 187/12/2010-IT(A-I)], dt. 31/01/2011, the jurisdiction of the assessee is with the Assistant Commissioner of Income Tax, Circle-1, Durgapur, as the assessee is a non- corporate assessee and the income returned is above Rs.15