← All Phrases

“Chief Commissioner”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(15A) / Section 1172,876 judgments

The decision most relied on for Chief Commissioner is Pvt Ltd. v. ACIT (93 Taxmann.com 296), cited in 98 judgments on BharatTax.

Leading authorities on Chief Commissioner

Pvt Ltd. v. ACIT
93 Taxmann.com 296 · 2018 · High Court
98
citing judgments

Approval granted by the Principal Chief Commissioner or Principal Commissioner under Section 151 for reassessment proceedings under Section 148 must reflect due application of mind. A mere endorsement of "approved" without reasons or reference to material is insufficient, as the approval serves as a safeguard and must be meaningful, not ritualistic or formal.

Financial Services Pvt. Ltd. v. Dy. CIT
457 ITR 647 · 2023 · High Court
95
citing judgments

The amended Section 151 of the Income-tax Act, governing the sanction for reassessment proceedings under Sections 148 and 148A, applies to cases initiated under the new reassessment regime. The specified authority for granting such sanction becomes the Principal Chief Commissioner or Principal Director General if more than three years have elapsed from the end of the relevant assessment year.

Ghanshyam K. Khabrani v. ACIT
346 ITR 443 · 2012 · High Court
89
citing judgments

The reassessment proceedings are invalid if the required sanction under Section 151 of the Income Tax Act is not obtained from the statutorily designated authority or if the approval is granted mechanically without due satisfaction. Approval by a higher authority cannot substitute the satisfaction of the authority specified in Section 151.

Mohinder Singh Gill v. Chief Election Commissioner
1 SCC 405 · 1978 · Supreme Court
79
citing judgments

When a statutory authority issues an order based on specific grounds, its validity must be assessed solely by those stated grounds and cannot be supported or improved by additional reasons provided later in affidavits or other means. An order that is invalid at its inception cannot be validated by subsequent justifications.

Sahara India v. CIT & Others
216 CTR 303 · 2008 · Reported
54
citing judgments

The requirement of prior approval from the Chief Commissioner or Commissioner under Section 142(2A) is a crucial safeguard against arbitrary assessment, placing a significant responsibility on the approving authority to ensure its genuine application and prevent it from becoming a mere formality.

New Noble Educational Society v. Chief Commissioner of Income Tax
448 ITR 594 · 2022 · Supreme Court
50
citing judgments

An institution qualifies as an 'educational institution' for tax exemption, including under Section 10(23C)(iiiab), only if it imparts structured, formal education, distinguishing it from general public utility activities under Section 2(15).

Star India Private Limited v. Chief Commissioner of Central Excise
280 ITR 321 · 2006 · Supreme Court
47
citing judgments

The Supreme Court holds that while the Legislature can enact laws retrospectively, this power does not normally extend to creating an offence or penal liability retroactively, nor to withdrawing a benefit already granted under a statute through retrospective amendment.

Oxford Academy for Career Development v. Chief CIT
315 ITR 382 · 2009 · High Court
37
citing judgments

The Commissioner of Income Tax (CIT) has no power to cancel registration granted under Section 12A of the Income Tax Act retrospectively, especially when there is no express provision in the Act for such cancellation and the order is quasi-judicial in nature.

Judgments citing Chief Commissioner

Manju Devi Shah, Kolkata vs. ITO, Ward-50(4), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 1280/KOL/2023[2010-11]Status: DisposedITAT Kolkata22 Apr 2024AY 2010-11

Bench: Shri Sanjay Gargi.T.A. No.1280/Kol/2023 Assessment Year: 2010-11 Manju Devi Shah……………..…..…......................…...……………....Appellant P-281 Scheme Vim Cit Road, Kankurgachi, Kolkata-700054. [Pan: Amkps3650G] Vs. Ito, Ward-50(4), Kolkata.......…..........................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Fca, Appeared On Behalf Of The Appellant. Shri Bibekananda Madhu, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2024 Date Of Pronouncing The Order : April 22, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Apart From Challenging The Additions On Merits Made/Confirmed By The Lower Authorities Of Rs.42,12,703/- U/S 68 Of The Act By Treating The Long-Term Capital Gains Earned By The Assessee As Bogus, Has Also Challenged The Very Validity Of The Reopening Of The Assessment. 3. Since, The Legal Grounds Relating To The Validity Of The Reopening Of The Assessment Hit At The Very Jurisdiction Of The Assessing Officer To

Section 147Section 148Section 151Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘एसएमसी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA "ी संजय गग

The Indupalli Primary Agriculture Co Operative Credit Society Ltd, Unguturu Mandalam vs. Income Tax Officer, Ward-1, Gudiwada

In the result, appeal of the Revenue is dismissed

ITA 89/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam19 Apr 2024AY 2020-21

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.88/Viz/2024 & 89/Viz/2024 (ननधधारण वर्ा / Assessment Year : 2018-19 & 2020-21) The Indupalli Primary Agriculture Vs. Income Tax Officer Cooperative Credit Society Ltd., Ward-1 No.Kr356 Dno.5-46, Indupalli Village Gudiwada Indupalli Post Unguturu Mandalam Krishna [Pan : Aacat9205B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Dr.Aparna Villuri, DR
Section 143(3)Section 144BSection 147Section 148Section 148ASection 151ASection 250Section 80P(2)(a)Section 80P(2)(d)Section 8P(2)(a)

decision of Hon’ble jurisdictional High Court of Andhra Pradesh and Telangana in the case of Vavveru Coooperative Rural Bank Ltd. Vs. Chief Commissioner of Income 7 I.T.A. No.88/Viz/2024 & 89/Viz/2024, A.Y.2018-19 & 2020-21 The Indupalli Primary Agriculture Co-op Credit Society ltd,. Unguturu Mandalam Tax and Another ... Mandalam attributable to”. The Hon’ble jurisdictional High Court of Andhra Pradesh and Telangana in the case of Vavveru Cooperative Rural Bank Ltd vs. Chief Commissioner of Income Tax and Another [2017] 396 ITR 0371 (AP) in para 34 has discussed about the decision of the Hon’ble Supreme Court

The Indupalli Primary Agriculture Co Operative Credit Society Ltd, Unduturu Mandalam vs. Income Tax Officer, Ward-1, Gudiwada

In the result, appeal of the Revenue is dismissed

ITA 88/VIZ/2024[2018-19]Status: DisposedITAT Visakhapatnam19 Apr 2024AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.88/Viz/2024 & 89/Viz/2024 (ननधधारण वर्ा / Assessment Year : 2018-19 & 2020-21) The Indupalli Primary Agriculture Vs. Income Tax Officer Cooperative Credit Society Ltd., Ward-1 No.Kr356 Dno.5-46, Indupalli Village Gudiwada Indupalli Post Unguturu Mandalam Krishna [Pan : Aacat9205B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Dr.Aparna Villuri, DR
Section 143(3)Section 144BSection 147Section 148Section 148ASection 151ASection 250Section 80P(2)(a)Section 80P(2)(d)Section 8P(2)(a)

decision of Hon’ble jurisdictional High Court of Andhra Pradesh and Telangana in the case of Vavveru Coooperative Rural Bank Ltd. Vs. Chief Commissioner of Income 7 I.T.A. No.88/Viz/2024 & 89/Viz/2024, A.Y.2018-19 & 2020-21 The Indupalli Primary Agriculture Co-op Credit Society ltd,. Unguturu Mandalam Tax and Another ... Mandalam attributable to”. The Hon’ble jurisdictional High Court of Andhra Pradesh and Telangana in the case of Vavveru Cooperative Rural Bank Ltd vs. Chief Commissioner of Income Tax and Another [2017] 396 ITR 0371 (AP) in para 34 has discussed about the decision of the Hon’ble Supreme Court

Susheel Sharma, Saharan Pur vs. Income Tax Officer, Ward 3(4), Saharnpur, Saharan Pur

The appeal is allowed and the impugned assessment order is quashed

ITA 2992/DEL/2023[2011-12]Status: DisposedITAT Delhi16 Apr 2024AY 2011-12

Bench: Dr. B.R.R. Kumar & Shri Anubhav Sharmaassessment Year: 2011-12 Susheel Sharma, Vs Ito, Aarath Bazar, Ward 3(4), Gangoh, Saharanpur. Saharanpur, Uttar Pradesh – 247 341. Pan: Awwps2125A (Appellant) (Respondent) Assessee By : Shri Nitin Gulati, Advocate Revenue By : None- Adj. Application Date Of Hearing : 12.02.2024 Date Of Pronouncement : 16.04.2024 Order Per Anubhav Sharma, Jm: This Appeal Preferred By The Assessee Is Against The Order Dated 08.06.2023 Of The Commissioner Of Income-Tax (Appeal), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Muzaffarnagar/10280/2017-18 Arising Out Of An Appeal Before It Against The Order Dated 30.08.2017 Passed U/S 143(3) R.W.S. 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Ito, Ward 3(4), Saharanpur (Hereinafter Referred As The Ld. Ao).

For Appellant: Shri Nitin Gulati, AdvocateFor Respondent: None- Adj. Application
Section 143Section 143(3)Section 153Section 153(3)Section 254Section 263Section 264

expiry of nine months from the end of the financial year in which the order under section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed

Assistant Commissioner of Income Tax, Chennai vs. Thiruthuraipoondi Tiruvenkadam Vivekanandam Dhinakaran, Chennai

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

ITA 1423/CHNY/2023[1996-97]Status: DisposedITAT Chennai05 Apr 2024AY 1996-97

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. Nos.1422 & 1423/Chny/2023 िनधा"रण वष"/Assessment Years: 1995-96 & 1996-97 The Assistant Commissioner Of Vs. Thiruthuraipoondi Tiruvenkadam Income Tax, Central Circle 2(2), Vivekanandam Dhinakaran, Investigation Building, 5, Iv Street, Venkateswara Nagar, Chennai – 34. Karpagam Gardens, Adyar, Chennai 600 020. [Pan:Abkpd2771Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.03.2024 घोषणा की तारीख /Date Of Pronouncement : 05.04.2024 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai, Dated 06.10.2023 Relevant To The Assessment Years 1995-96 & 1996-97. 2. Brief Facts Of The Case Are That The Assessee, Shri Ttv Dhinakaran Has Filed His Return Of Income For The Assessment Years 1995 96 & 2

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 132ASection 143(3)Section 147Section 148Section 153(3)Section 158B

Tribunal are as under:- 45. In the above proviso, the legislature has provided that where the order under Section 250 is received by the Chief Commissioner or the Commissioner on or before the 1st day of April, 1999 but before 1st day of April, 2000, in those cases, order ... held that when the order of set aside under Section 250 by the CIT(A) is received by the Commissioner or the Chief Commissioner after the 1st day of April, 2000, the new provision would be applicable. In the CBDT’s Circular which is the explanatory notes on the provisions