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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

M/S Novateur Electricals and Digital Systems Pvt Ltd. (As Successor of Legrand (India) Private Limited), Mumbai vs. DCIT Range 2(3)(1), Mumbai

ITA 1800/MUM/2023[2004-05]Status: DisposedITAT Mumbai05 Jan 2024AY 2004-05

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1800/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2004-05) Novateur Electrical & बिधम/ Dcit, Range-10(3)(1) Digital Systems Pvt. Ltd. Room No.552, Aaykar Vs. (As Successor Of Legrand Bhavan, M. K. Road, (India) Pvt. Ltd.) Mumbai-400020. 61/62 Kalpatru Square, 6Th Floor, Off Andheri Kurla Road, Mumbai-400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacce4671N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nikhil Tiwari Revenue By: Shri H. M Bhat (Sr. Dr) Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 17/10/2023/(22.12.2023) घोषणा की तारीख /Date Of Pronouncement: 05/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 23.03.2023 For The Assessment Year 2004-05. 2. At The Outset, The Ld. Ar Of The Assessee Shri Nikhil Tiwari Appearing For The Assessee Has Drawn Our Attention To Additional Ground Nos. 8 & 9 Wherein Assessee Challenges The Validity Of The Assessment Order Passed In The Name Of The Non-Existent Entity [M/S.Legrand (India) Private Limited (Hereinafter “M/S. Legrand”/Non-Existent/ Merged Entity] & Not In The Name Of The Successor Entity I.E. M/S. Novateur Electrical & Digital Systems Pvt. Ltd. [Hereinafter “M/S.

For Appellant: Shri Nikhil TiwariFor Respondent: Shri H. M Bhat (SR. DR)
Section 142(1)Section 143(3)

page no. 27 of PB, wherein the assessee filed the following letter dated 06.08.2012 which is reproduced as under: - Date: 06th Aug, 2012 The Assistant Commissioner of Income-tax Circle-6(3) Aayakar Bhavan Mumbai-400020. Dear Sir, Re: Amalgamation of Legrand (India) Private Limited (LIPL) with Novateur Electrical & Digital