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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

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 72/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

Member आयकर अपील सं./I.T.A. Nos.71 and 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/s. BGR Energy Systems Limited, Vs. The Assistant Commissioner of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [PAN:AABCG2202J] (अपीलाथ"/Appellant ... taxmann.com I 18 (Bom) Refer this APB pages 111 to I 18 and Hon'ble Chennai Income tax Appellate Tribunal in the case of Assistant Commissioner of Income tax, Circle 1(1), Chennai vs. Apollo Hospitals Enterprises Ltd (2012) 25 taxman.com 223 (Chennai) which held no interest disallowance of surplus

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 71/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

Member आयकर अपील सं./I.T.A. Nos.71 and 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/s. BGR Energy Systems Limited, Vs. The Assistant Commissioner of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [PAN:AABCG2202J] (अपीलाथ"/Appellant ... taxmann.com I 18 (Bom) Refer this APB pages 111 to I 18 and Hon'ble Chennai Income tax Appellate Tribunal in the case of Assistant Commissioner of Income tax, Circle 1(1), Chennai vs. Apollo Hospitals Enterprises Ltd (2012) 25 taxman.com 223 (Chennai) which held no interest disallowance of surplus

Muthukumar Murugesan, Chennai vs. ACIT Non Corp Cir 11(1), Chennai

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

ITA 292/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.292/Chny/2021 िनधा"रण वष"/Assessment Year: 2017-18 Shri Muthukumar Murugesan, Vs. The Assistant Commissioner Of 31, Anjugam Street, Meenatchi Income Tax, Amman Nagar,Alwarthirunagar, Non Corporate Circle 11(1), Chennai 600 087. Chennai 600 034. [Pan:Aompm8457K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri S. Chandrasekaran, Jcit सुनवाई की तारीख/ Date Of Hearing : 19.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Assessment Order Passed Under Section 144 Of The Income Tax, 1961 [“Act” In Short] Dated 30.12.2019 For The Assessment Year 2017-18 By The Assessing Officer Without Filing The Appeal Before The Ld. Commissioner Of Income Tax (Appeals). The Grounds Of Appeal Filed By The Assessee Relates To Quantum Addition, Whereas, The Form 36, Under Column No. 6 – Section & Sub-Section Under Which The Original Order Is Passed, The Assessee Has Mentioned Section 271(1)(B) Or 271B Of The Act Relates To 2

For Appellant: NoneFor Respondent: Shri S. Chandrasekaran, JCIT
Section 144Section 271(1)(b)

Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. No.292/Chny/2021 िनधा"रण वष"/Assessment Year: 2017-18 Shri Muthukumar Murugesan, Vs. The Assistant Commissioner of 31, Anjugam Street, Meenatchi Income Tax, Amman Nagar,Alwarthirunagar, Non Corporate Circle 11(1), Chennai 600 087. Chennai 600 034. [PAN:AOMPM8457K] (अपीलाथ

Assistant Commissioner of Income Tax, Central Circle-3(1), Chennai vs. M/S. Bgr Energy Systems, Chennai

In the result, both the appeals filed by the Revenue are dismissed

ITA 29/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.28 & 29/Chny/2021 िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17 The Assistant Commissioner Of Vs. M/S. Bgr Energy Systems Limited, Income Tax, Corporate Office, Guna Complex, Central Circle 3(1), 433, Anna Salai, Teynampet, Chennai. Chennai 600 018. [Pan:Aabcg2202J] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri G. Johanson, Addl. Cit : ""थ" की ओर से/Respondent By Mrs. Sandhyaarti, T., Fca : सुनवाई की तारीख/ Date Of Hearing 13.09.2022 : घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Both Dated 14.09.2020 Relevant To The Assessment Years 2014-15 & 2016-17. 2. Both The Appeals Filed By The Assessee Are Delayed By 55 Days In Filing The Appeal Before The Tribunal Due To Outbreak Of Covid-19

Section 115JSection 143(3)Section 14ASection 3

Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. Nos.28 and 29/Chny/2021 िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17 The Assistant Commissioner of Vs. M/s. BGR Energy Systems Limited, Income Tax, Corporate Office, Guna Complex, Central Circle 3(1), 433, Anna Salai, Teynampet, Chennai. Chennai

Assistant Commissioner of Income Tax, Central Circle-3(1), Chennai vs. M/S. Bgr Energy Systems, Chennai

In the result, both the appeals filed by the Revenue are dismissed

ITA 28/CHNY/2021[2014-15]Status: DisposedITAT Chennai21 Sept 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.28 & 29/Chny/2021 िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17 The Assistant Commissioner Of Vs. M/S. Bgr Energy Systems Limited, Income Tax, Corporate Office, Guna Complex, Central Circle 3(1), 433, Anna Salai, Teynampet, Chennai. Chennai 600 018. [Pan:Aabcg2202J] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri G. Johanson, Addl. Cit : ""थ" की ओर से/Respondent By Mrs. Sandhyaarti, T., Fca : सुनवाई की तारीख/ Date Of Hearing 13.09.2022 : घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Both Dated 14.09.2020 Relevant To The Assessment Years 2014-15 & 2016-17. 2. Both The Appeals Filed By The Assessee Are Delayed By 55 Days In Filing The Appeal Before The Tribunal Due To Outbreak Of Covid-19

Section 115JSection 143(3)Section 14ASection 3

Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. Nos.28 and 29/Chny/2021 िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17 The Assistant Commissioner of Vs. M/s. BGR Energy Systems Limited, Income Tax, Corporate Office, Guna Complex, Central Circle 3(1), 433, Anna Salai, Teynampet, Chennai. Chennai

Spe India Films Holding Llc, Mumbai vs. ACIT (Intl Tax) -4(2) (2), Mumbai

In the result ground no-2 raised by the assessee- is fully allowed

ITA 457/MUM/2022[2018-19]Status: DisposedITAT Mumbai21 Sept 2022AY 2018-19

Bench: Shri Amit Shukla & Shri Gagan Goyalspe India Films Holding Llc C/O, Deloitte Haskins & Sells Llp One International Centre, Tower No.3, 27Th Floor-32Nd Floor, Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. Pan: Aaocs1827L ...... Appellant Vs. Acit (International Taxation)-4(2)(2) 16Th Floor, Air India Building, Narimaon Point, Mumbai-400021. ..... Respondent Appellant By : Sh. P.J. Pardiwala/Paras Savla Respondent By : Sh. A.K. Keshari Date Of Hearing : 27/06/2022 Date Of Pronouncement : 21/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-2, Mumbai [Hereinafter Referred To As [‘Drp’] Dated 06.01.2022 For The Assessment Year (Ay) 2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “The Appellant, Objects To The Order Dated 19 January 2022 Passed Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (Act) Passed By The Learned Assistant Commissioner Of Income-Tax (International Taxation) - 4(2)(2), Mumbai

For Appellant: Sh. P.j. Pardiwala/Paras SavlaFor Respondent: Sh. A.K. Keshari
Section 143(3)Section 234BSection 234CSection 270ASection 9(1)(vi)

order dated 19 January 2022 passed under section 143(3) r.w.s 144C(13) of the Income Tax Act, 1961 (Act) passed by the learned Assistant Commissioner of Income-tax (International Taxation) - 4(2)(2), Mumbai 2 ITA No. 457 Mum 2022-SPE India Films Holding LLC (learned ACIT

Haris Kalandan Mohammed, Mangaluru vs. Principal Commissioner of Income Tax (Central), Bengaluru

In the result, the appeal filed by assessee stands allowed on merits

ITA 435/BANG/2022[2018-19]Status: DisposedITAT Bangalore21 Sept 2022AY 2018-19

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19 Shri Haris Kalandan Mohammed, The Principal D.No. 23-10-810, Commissioner Of Umay Bagh, Income Tax 1St Cross, [Central], Yemmekere, Vs. Bengaluru. Mangaluru – 575 001. Pan: Abjph9234P Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Praveen Karanth, Cit- Revenue By Dr Date Of Hearing : 14-09-2022 Date Of Pronouncement : 21-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 22/03/2022 Passed By Ld.Pr.Cit U/S. 263 For A.Y. 2018-19 On Following Grounds Of Appeal: “1. The Order Of Revision Passed By The Learned Principal Commissioner Of Income Tax [Central], Bengaluru, Under Section 263 Of The Act Dated 22/03/2022, In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Learned Principal Commissioner Of Income Tax Is Not Justified In Law & On Facts To Set Aside The Assessment

For Appellant: Shri V. Srinivasan, Advocate
Section 115BSection 132Section 132(4)Section 143Section 143(3)Section 153DSection 263Section 68

Assessing Officer or the Transfer Pricing Officer, as the case may be, shall include— (i) an order of assessment made by the Assistant Commissioner or Deputy Commissioner or the Income-tax Officer on the basis of the directions issued by the Joint Commissioner under section 144A; (ii) an order made ... reported in (2003) 260 ITR 82 was seized with the issue wherein, the Assessing Officer passed order on the direction of the Inspecting Assistant Commissioner under Section 144B of the Act, which was subject to revision under Section 263 of the Act. The Hon'ble Supreme Court categorically held that

Taurain Iron & Steel Co.. P.Ltd, Mumbai vs. Addl CIT 4(3), Mumbai

In the result, appeals of both the parties are dismissed as not maintainable

ITA 3506/MUM/2017[2010-11]Status: DisposedITAT Mumbai20 Sept 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Taurain Iron & Steel Co. P.Ltd Acit-4(3), R.No. 635, 302A Poonam Chambers, 6Th Floor, Aaykar Bhavan 3Rd Floor, Dr. Ab Road, Worli Vs. M.K. Road, Mumbai-400 020 Mumbai-400 018 (Appellant) (Respondent) Pan No. Aaact4814A Taurain Iron & Steel Co. P.Ltd Acit-4(3), R.No. 635, 302A Poonam Chambers, 6Th Floor, Aaykar Bhavan Vs. 3Rd Floor, Dr. Ab Road, Worli M.K. Road, Mumbai-400 020 Mumbai-400 018 Assessee By : None Revenue By : Shri Samuel Pitta, Dr Date Of Hearing: 08.09.2022 Date Of Pronouncement : 20.09.2022 O R D E R Per Prashant Maharishi, Am: 01. Ita No. 3506/M/2017 Is Filed By Taurian Iron & Steel Co Private Limited & Ita No. 3672/M/2017 Is Filed By The Assistant Commissioner Of Income Tax – 4 (3) (1), Mumbai (The Learned Ao) Against Appellate Order Passed By The Commissioner Of Income Tax (Appeals) – 58, Mumbai Dated 27Th February, 2017 For A.Y. 2010 – 11. 02. At The Time Of Hearing Of The Appeal, It Has Come To The Notice That The Appellant Company Has Already Been Ordered For Liquidation & Assets Are ‘For Sale’ By The Order Of The Honourable Bombay High Court Dated 23Rd January 2019 In Company Petition No. 314 Of 2016. 03. The Appeal Of The Assessee Is Filed By The Managing Director, Mr Sumit Lalit Bajla, Who Is No Longer Authorised

For Appellant: NoneFor Respondent: Shri Samuel Pitta, DR

MAHARISHI, AM: 01. ITA No. 3506/M/2017 is filed by Taurian iron and steel Co private limited and ITA No. 3672/M/2017 is filed by the Assistant Commissioner Of Income Tax – 4 (3) (1), Mumbai (the learned AO) against appellate order passed by the Commissioner of Income Tax (Appeals) – 58, Mumbai dated