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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 Camoron Finance & Investments, Mumbai vs. Joint CIT-Circle 25(2), Mumbai

In the result, the appeal of the assessee is dismissed whereas the appeal of the revenue is allowed

ITA 1289/MUM/2019[2014-15]Status: DisposedITAT Mumbai04 May 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2014-15 The Acit-25(2), M/S Camoron Finance & Investments, R. No. 508, C-10, 5Th Floor, 139-140 B, Shiv, Crossing Of Sahar Pratyaksha Kar Bhavan, Vs. Road & W.E. Highway, Vile Parle (E), Bandra Kurla Complex, Mumbai-400057. Bandra (E), Mumbai-400051. Pan No. Aaafc 5210 A Appellant Respondent Assessment Year: 2014-15 M/S Camoron Finance & The Joint Commissioner Of Investments, Income-Tax, Range-25(2), 139-140 B, Shiv, Crossing Of Sahar Vs. Room No. 502, 5Th Floor, C-10, Road & Western Express Pratyaksha Kar Bhavan, Bandra Highway, Vile Parle (E), Kurla Complex, Bandra (E), Mumbai-400057. Mumbai-400051. Pan No. Aaafc 5210 A Appellant Respondent Assessee By : Mr. Jishaan Jain, Ar Revenue By : Mr. R.A. Dhyani, Dr Date Of Hearing : 04/05/2022 Date Of Pronouncement : 04/05/2022

For Appellant: Mr. Jishaan Jain, ARFor Respondent: Mr. R.A. Dhyani, DR
Section 143(3)Section 23Section 57

1289/MUM/2019 are reproduced as under: “1.1 The Commissioner of Income-tax (Appeals)-37 ("CIT(A)") erred in confirming the action of the Assistant Commissioner of Income Tax- 25(2), Mumbai ("AO") in treating income received in respect of the Amenities Agreement with the lessee of the premises under the head

ACIT 25(2), Mumbai vs. Camoron Finance & Investments, Mumbai

In the result, the appeal of the assessee is dismissed whereas the appeal of the revenue is allowed

ITA 1278/MUM/2018[2014-15]Status: DisposedITAT Mumbai04 May 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2014-15 The Acit-25(2), M/S Camoron Finance & Investments, R. No. 508, C-10, 5Th Floor, 139-140 B, Shiv, Crossing Of Sahar Pratyaksha Kar Bhavan, Vs. Road & W.E. Highway, Vile Parle (E), Bandra Kurla Complex, Mumbai-400057. Bandra (E), Mumbai-400051. Pan No. Aaafc 5210 A Appellant Respondent Assessment Year: 2014-15 M/S Camoron Finance & The Joint Commissioner Of Investments, Income-Tax, Range-25(2), 139-140 B, Shiv, Crossing Of Sahar Vs. Room No. 502, 5Th Floor, C-10, Road & Western Express Pratyaksha Kar Bhavan, Bandra Highway, Vile Parle (E), Kurla Complex, Bandra (E), Mumbai-400057. Mumbai-400051. Pan No. Aaafc 5210 A Appellant Respondent Assessee By : Mr. Jishaan Jain, Ar Revenue By : Mr. R.A. Dhyani, Dr Date Of Hearing : 04/05/2022 Date Of Pronouncement : 04/05/2022

For Appellant: Mr. Jishaan Jain, ARFor Respondent: Mr. R.A. Dhyani, DR
Section 143(3)Section 23Section 57

1289/MUM/2019 are reproduced as under: “1.1 The Commissioner of Income-tax (Appeals)-37 ("CIT(A)") erred in confirming the action of the Assistant Commissioner of Income Tax- 25(2), Mumbai ("AO") in treating income received in respect of the Amenities Agreement with the lessee of the premises under the head

M/S.Balaji Bullion & Commodities (India) Private Limited, Mumbai vs. DCIT Central Circle-40, Mumbai

In the result, both the appeals are allowed

ITA 1291/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm Balaji Bullion & Commodities The Dy. Commissioner Of (India) Private Limited Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) Pan No. Aadcbo236F Balaji Universal Tradelinks P. The Dy. Commissioner Of Ltd. Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002

For Appellant: Shri N.M. Porwal, AdvFor Respondent: Shri Dr. Mahesh Akhade, CIT DR
Section 10ASection 153ASection 153BSection 37Section 68

Commissioner, as the case may be, may authorise any Additional Director or Additional Commissioner or Joint Director, Joint Commissioner, Assistant Director or Deputy Director, Assistant Commissioner or Deputy Commissioner or Income-tax Officer, or (B) such Additional Director or Additional Commissioner or Joint Director, or Joint Commissioner, as the case ... authorise any Assistant Director or Deputy Director, Assistant Commissioner or Deputy Commissioner or Income-tax Officer, (the officer so authorised in all cases being hereinafter referred to as the authorised officer) to— (i) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that

Apurva Avarsekar, Mumbai vs. ACIT Cent. Cir. 8(2) (Erstwhile ACIT, Cent. Cir. - 45), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 720/MUM/2017[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

years and apportionment is without authority of law. An assessment which has become final may be reopened in appeal by the Appellate Assistant Commissioner or the Tribunal or in revision by the Commissioner, or under an order of rectification of mistake, or pursuant to a notice of reassessment. The Tribunal ... fact which arise out of the order of assessment made by the Income-tax Officer and the order of the Appellate Assistant Commissioner. It cannot assume powers which are inconsistent with the express provisions of the Act or its scheme. The Tribunal was entitled to enquire whether the source

Kishore Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5469/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

years and apportionment is without authority of law. An assessment which has become final may be reopened in appeal by the Appellate Assistant Commissioner or the Tribunal or in revision by the Commissioner, or under an order of rectification of mistake, or pursuant to a notice of reassessment. The Tribunal ... fact which arise out of the order of assessment made by the Income-tax Officer and the order of the Appellate Assistant Commissioner. It cannot assume powers which are inconsistent with the express provisions of the Act or its scheme. The Tribunal was entitled to enquire whether the source

Ashish Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5468/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

years and apportionment is without authority of law. An assessment which has become final may be reopened in appeal by the Appellate Assistant Commissioner or the Tribunal or in revision by the Commissioner, or under an order of rectification of mistake, or pursuant to a notice of reassessment. The Tribunal ... fact which arise out of the order of assessment made by the Income-tax Officer and the order of the Appellate Assistant Commissioner. It cannot assume powers which are inconsistent with the express provisions of the Act or its scheme. The Tribunal was entitled to enquire whether the source

Pushpa Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5467/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

years and apportionment is without authority of law. An assessment which has become final may be reopened in appeal by the Appellate Assistant Commissioner or the Tribunal or in revision by the Commissioner, or under an order of rectification of mistake, or pursuant to a notice of reassessment. The Tribunal ... fact which arise out of the order of assessment made by the Income-tax Officer and the order of the Appellate Assistant Commissioner. It cannot assume powers which are inconsistent with the express provisions of the Act or its scheme. The Tribunal was entitled to enquire whether the source

Shweta Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5466/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

years and apportionment is without authority of law. An assessment which has become final may be reopened in appeal by the Appellate Assistant Commissioner or the Tribunal or in revision by the Commissioner, or under an order of rectification of mistake, or pursuant to a notice of reassessment. The Tribunal ... fact which arise out of the order of assessment made by the Income-tax Officer and the order of the Appellate Assistant Commissioner. It cannot assume powers which are inconsistent with the express provisions of the Act or its scheme. The Tribunal was entitled to enquire whether the source

Black Knight India Solutions Private Limited, Hyderabad vs. Assistant Commissioner of Income Tax, Circle-1(1)(2), Bangalore

In the result, the appeal filed by assessee stands allowed on ground no

ITA 230/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 230/Bang/2021 Assessment Year : 2016-17 M/S. Black Knight India Solutions Pvt. Ltd., The Assistant 6-3-1192-2-1, Htc Commissioner Of Towers, Kundanbagh, Income Tax, Begumpet, Circle – 1(1)(2), Hyderabad, Vs. Bangalore. Telangana – 500 016. Pan: Aaccl2956K Appellant Respondent : Shri S.P. Chidambaram, Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr Date Of Hearing : 26-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Final Assessment Order Dated 30.03.2021 Passed By The Ld.Ao In National E-Assessment For Assessment Year 2016-17 On Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case, The Final Assessment Order Dated 30 March 2021 (And Received By The Appellant On 30 March 2021) Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax/ Income-Tax Officer, National E-Assessment

For Respondent: Shri S.P. Chidambaram
Section 144Section 144C(5)Section 92C

case, the final assessment order dated 30 March 2021 (and received by the Appellant on 30 March 2021) passed by the Additional / Joint / Deputy / Assistant Commissioner of Income Tax/ Income-tax Officer, National e-Assessment Page 2 of 7 IT(TP)A No. 230/Bang/2021 Centre, Delhi u/s 144 r.w.s 144C

M/S Adc India Communications Limited, Bangalore vs. Asst.C.I.T., Bangalore

In the result, the appeal filed by the assessee is partly allowed and the appeal preferred by the Revenue is partly allowed for statistical purposes

ITA 79/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

For Appellant: Sri.Aliasagar Rampurawala, CAFor Respondent: Sri.Rajesh Kumar Jha, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(7)Section 9

APPELLATE TRIBUNAL BANGALORE BENCHES “C”, BANGALORE Before Shri Chandra Poojari, AM & Shri George George K, JM IT(TP)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner of M/s.ADC India Income-tax, Circle 1(1)(1) Communications Limited, v. Bangalore. 485/8A & 8B, 14th Cross, 4th Phase, P.B.No.8512, Peenya Industrial Area ... Bangalore – 560 058. PAN : AAACK6553H. (Appellant) (Respondent) IT(TP)A No.79/Bang/2016 : Asst.Year 2011-2012 M/s.ADC India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14th Cross, of Income-tax, Circle 1(1)(1) v. 4th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue by : Sri.Rajesh Kumar

Asst.C.I.T., Bangalore vs. M/S Adc India Communications Ltd., Bangalore

In the result, the appeal filed by the assessee is partly allowed and the appeal preferred by the Revenue is partly allowed for statistical purposes

ITA 41/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

For Appellant: Sri.Aliasagar Rampurawala, CAFor Respondent: Sri.Rajesh Kumar Jha, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(7)Section 9

APPELLATE TRIBUNAL BANGALORE BENCHES “C”, BANGALORE Before Shri Chandra Poojari, AM & Shri George George K, JM IT(TP)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner of M/s.ADC India Income-tax, Circle 1(1)(1) Communications Limited, v. Bangalore. 485/8A & 8B, 14th Cross, 4th Phase, P.B.No.8512, Peenya Industrial Area ... Bangalore – 560 058. PAN : AAACK6553H. (Appellant) (Respondent) IT(TP)A No.79/Bang/2016 : Asst.Year 2011-2012 M/s.ADC India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14th Cross, of Income-tax, Circle 1(1)(1) v. 4th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue by : Sri.Rajesh Kumar

Nandivardhan Construction Pvt Ltd., Thane vs. DCIT CC-2, Thane

In the result, the appeal filed by the assessee is hereby allowed

ITA 4973/MUM/2019[2007-08]Status: DisposedITAT Mumbai28 Apr 2022AY 2007-08

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 4973/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2007-08) बिधम/ Nandivardhan Construction Dcit, Central Circle-2 Ashar It Park, 6Th Floor, Pvt. Ltd. Vs. 201, 2Nd Floor, Oasis Silver Wagle Industrial Estate Stone, Near Gajanan (West), Thane-400604. Maharaj Temple Ram Maruti Road, Thane-West, Thane- 400601. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccn1260G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Prateek Jain Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 29.02.2016 Passed By The Commissioner Of Income Tax (Appeals)-11, Pune [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2007-08 In Which The Penalty Levied By Ao Has Been Ordered To Be Confirmed. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Appellant’S Case & In Law, The Notice Issued Under Section 274 Read With Section 271(1)(C) By The Ld. Assessing Officer Without Recording Any Satisfaction Is Bad In Law & The Consequential Penalty Order

For Appellant: Shri Prateek JainFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 132Section 139(1)Section 143(2)Section 153ASection 271Section 271(1)(c)Section 274

case of Kaushalya (supra) and observed as under:- “...The notice clearly demonstrated non-application of mind on the part of the Inspecting Assistant Commissioner. The vagueness and ambiguity in the notice had also prejudiced the right of reasonable opportunity of the assessee since he did not know what exact charge

Tejas Ramaniklal Kothari, Mumbai vs. Asst CIT 14(2), Mumbai

Appeal is dismissed as withdrawn

ITA 5469/MUM/2014[2008-09]Status: DisposedITAT Mumbai28 Apr 2022AY 2008-09

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 5469/Mum/2014 (निर्धारण वर्ा / Assessment Year: 2008-09) Shri Tejas Ramniklal Kothari, बिधम/ Assistant Commissioner Of 304, Pushp Kung, A Road, Income Tax – 14(2), Mumbai, Vs. 3Rd Floor, Room No. 304, Churchgate, Mumbai - 400020 Earnest House, Pan : Aabpk3545M Mumbai - 400021 (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) For The Appellant/Assessee: None For The Respondent/Revenue: Shri B.K. Bagchi सुनवाई की तारीख / Date Of Hearing : 20.04.2022 घोषणा की तारीख /Date Of Pronouncement : 28.04.2022 आदेश / O R D E R Per Rahul Chaudhary: 1. By Way Of The Present Appeal The Appellant/Assessee Has Challenged The Order Dated, 16.07.2014 Passed By The Ld. Commissioner Of Income Tax (Appeals)- 25, Mumbai (Hereafter Referred To As „The Cit(A)‟] For The Assessment Year 2008-09, Whereby The Ld. Cit(A) Had Partly Allowed The Appeal Against The Assessment Order, Dated 05.01.2014, Passed Under Section 143(3) Read With Section 148 Of The Income Tax Act, 1961 (Hereafter Referred To As „The Act‟)

For Appellant: NoneFor Respondent: Shri B.K. Bagchi
Section 143(3)Section 148Section 2(22)(e)

MEMBER AND SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER आयकर अपील सं/ I.T.A. No. 5469/Mum/2014 (निर्धारण वर्ा / Assessment Year: 2008-09) Shri Tejas Ramniklal Kothari, बिधम/ Assistant Commissioner of 304, Pushp Kung, A Road, Income Tax – 14(2), Mumbai, Vs. 3rd Floor, Room No. 304, Churchgate, Mumbai - 400020 Earnest House, PAN : AABPK3545M