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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. Nsl Sugars Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-5(1)(1), Bangalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 262/BANG/2021[2016-17]Status: DisposedITAT Bangalore08 Apr 2022AY 2016-17

Bench: Shri N.V.Vasudevan, Vp & Ms.Padmavathy S, Am It(Tp)A No.262/Bang/2021 : Asst.Year 2016-2017 M/S.Nsl Sugars Limited The Assistant Commissioner Of 60/1, 2Nd Cross V. Income-Tax, Circle 5(1)(1) Residency Road Bangalore. Bangalore – 560 025. Pan : Aagcs0938Q. (Appellant) (Respondent) Appellant By : Sri.T.Gandhi, Advocate Respondent By : Dr.Manjunatha Karkihalli, Cit-Dr Date Of Date Of Hearing : 05.04.2022 Pronouncement : 08.04.2022 O R D E R Per Padmavathy S, Am : This Appeal Is Against The Order Of The Dcit Passed U/S 143(3) R.W.S. 144C Of The I.T.Act, 1961 (“The Act”) Dated 30.04.2021 For The Assessment Year 2016-2017. Brief Facts Of The Case 2. The Assessee Is A Company Engaged In The Business Of Manufacture Of Sugar & Molasses Etc. It Filed The Return Of Income For The Assessment Year 2016-2017 On 30.11.2016 With Returned Loss Of Rs.78,24,50,827. The Case Was Selected For Scrutiny & Notice U/S 143(2) Of The Act Was Issued. Reference Was Made To The Transfer Pricing Officer (Tpo) For Determination Of Arm’S Length Price (Alp) Of The Specified Domestic Transactions Entered Into By The Assessee. The Tpo Passed An Order U/S 92Ca On 30.10.2019 Proposing The Adjustment Of Rs.96,57,60,845. The Assessing Officer (Ao) Passed A Draft Assessment Order On 23.12.2019 Incorporating The Tp Adjustment Proposed By The Tpo. In Addition, The Ao

For Appellant: Sri.T.Gandhi, AdvocateFor Respondent: Dr.Manjunatha Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 14ASection 43BSection 92C

APPELLATE TRIBUNAL BANGALORE BENCHES “B”, BANGALORE Before Shri N.V.Vasudevan, VP & Ms.Padmavathy S, AM IT(TP)A No.262/Bang/2021 : Asst.Year 2016-2017 M/s.NSL Sugars Limited The Assistant Commissioner of 60/1, 2nd Cross v. Income-tax, Circle 5(1)(1) Residency Road Bangalore. Bangalore – 560 025. PAN : AAGCS0938Q. (Appellant) (Respondent) Appellant by : Sri.T.Gandhi

M/S. Akkayya Hospitality Services (Formerly Known As Akkayya Consultancy Services), Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 1(2)(1), Bangalore

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

ITA 2545/BANG/2019[2008-09]Status: DisposedITAT Bangalore04 Apr 2022AY 2008-09

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm M/S.Akkayya Hospitality Assistant Commissioner Of Services, Income Tax, (Formerly Known As Akkayya Presently Circle-1[2][1], Consultancy Services), Vs. Bmtc Building, No.21/6, Craig Park Layout, 80 Feet Road, 6Th Block, M.G.Road, Koramangala, Bengaluru Bengaluru Pan – Aaafz1935B Appellant Respondent Appellant By: Sri Narendra Sharma, Advocate Respondent By: Smt.Priyadarshini Basaganni, Addl. Cit Date Of Hearing: 04.04.2022 Date Of Pronouncement: 05.04.2022 O R D E R Per George Geroge K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against The Cit(A)-1, Bengaluru’S Order Dated 26-09-2019. The Relevant Assessment Year Is 2008-09. 2. The Solitary Issue Argued By The Ld.Ar Is Whether The Cit(A) Is Justified In Not Deleting The Entire Disallowance Of Interest Expenditure Made By The Ao (Disallowance Of Interest Expendtiure Made By Ao Rs.3,65,13,949/-).

For Appellant: Sri Narendra Sharma, AdvocateFor Respondent: Smt.Priyadarshini Basaganni, Addl. CIT
Section 143(2)

INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE Before Shri Chandra Poojari, AM & Shri George George K, JM M/s.Akkayya Hospitality Assistant Commissioner of Services, Income Tax, (formerly known as Akkayya Presently Circle-1[2][1], Consultancy Services), Vs. BMTC Building, No.21/6, Craig Park Layout, 80 Feet Road, 6th Block, M.G.Road, Koramangala