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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

Sujata Surendra Khandekar, Mumbai vs. ITO 19(3)(4), Mumbai

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

ITA 4135/MUM/2018[2008-09]Status: DisposedITAT Mumbai31 Jan 2022AY 2008-09

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 4135/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09) Sujata Surendra Khandekar बिधम/ Ito 19(3)(4) 6. Federation House, 4Th Matru Mandir, Tardeo Road, Vs. Floor, 24/30, A.P. Marg, Mumbai-400007. Opp. Metro, Mumbai- 400002. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abbpk9552B (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: None Revenue By: Shri Hoshang B. Irani सुनवाई की तारीख / Date Of Hearing: 24/01/2021 घोषणा की तारीख /Date Of Pronouncement: 31/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 08.05.2018 Passed By The Commissioner Of Income Tax (Appeals)-52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2008-09 In Which The Penalty Levied By Ao Has Been Ordered To Be Confirmed. 2. The Assessee Has Raised The Following Grounds: - “1. On Facts & Circumstances Of The Case & In Law, The Commissioner Of Income Tax, (Appeals)-52, Mumbai Erred In Upholding The Action Of The Assessing Officer, Mumbai In

For Appellant: NoneFor Respondent: Shri Hoshang B. Irani
Section 143(1)Section 143(3)Section 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

Smt. Neha Gopal Sharma, Mumbai vs. ITO 29(2)(4), Mumbai

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

ITA 417/MUM/2020[2007-08]Status: DisposedITAT Mumbai28 Jan 2022AY 2007-08

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 417/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2007-08) Smt. Neha Gopal Sharma बिधम/ Ito-29(2)(4) Room No.205, C-10, 2Nd 1501, B Wing, Tower-1, Vs. Vikas Paradise, Lbs Marg, Floor, Kautilya Bhavan, Bkc, Mulund (W), Mumbai- Bandra (E), Mumbai-400051. 400080. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aobps8089J (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Ms. Ekta Dodhia Revenue By: Shri Himanshu Sharma (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/12/2021 घोषणा की तारीख /Date Of Pronouncement: 28/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 23.10.2019 Passed By The Commissioner Of Income Tax (Appeals)-40, Mumbai [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. The Learned Cit(A)-40 Has Erred In Confirming The Penalty Levied By The Learned Assessing Officer Without Appreciating The Fact Of The Case In The Right Perspective.

For Appellant: Ms. Ekta DodhiaFor Respondent: Shri Himanshu Sharma (Sr. AR)
Section 143(3)Section 27Section 271Section 271(1)(C)Section 274Section 68

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

Sabre Asia Pacific Pte. Ltd., Mumbai vs. The Asstt. CIT International Tax Circle-4(2)(1), Mumbai

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

ITA 154/MUM/2021[2017-18]Status: DisposedITAT Mumbai24 Jan 2022AY 2017-18

Bench: Shri Prashant Maharishi () & Shri Pavan Kumar Gadale () Sabre Asia Pacific Pte Ltd Vs The Assistant Commissioner Of Income-Tax 1 Paya Lebar Link, #05-05 Plq2, International Tax Circle 4(2)(1) Paya Lebar Quarter, Paya Lebar 17Th Floor, Air India Building Road, Singapore 408 533 Nariman Point Mumbai C/O Deloitte Haskins & Sells Llp One International Center Tower 3, 30Th Floor, Senapati Bapat Marg, Elphinstone (W), Mumbai- 400 013, India Pan : Aabca6590M Appellant Respondent Appellant By Shri Nitesh Joshi, Advocate Respondent By Shri Milind Chavan, Sr.Dr Date Of Hearing 07-12-2021 Date Of Pronouncement 24-01-2022 O R D E R Per Prashant Maharishi (Am)

Section 143(3)

TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI (ACCOUNTANT MEMBER) AND SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) Sabre Asia Pacific Pte Ltd vs The Assistant Commissioner of Income-tax 1 Paya Lebar Link, #05-05 PLQ2, International Tax Circle 4(2)(1) Paya Lebar Quarter, Paya Lebar 17th Floor ... Prashant Maharishi (AM) 01 This appeal is filed by Sabre Asia Pacific Pte Ltd [ The Appellant/ Assessee] against the order passed by The Assistant Commissioner of Income-tax, International Tax Circle 4(1)(1), Mumbai (The Ld. AO) under section 143(3) r.w.s. 144C(13) of the 1 Sabre Asia