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“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

Atul Bhanudas Shinde, Pune vs. Income Tax Officer, Ward 14(5), Pune

In the result, appeal of the assessee is partly allowed

ITA 970/PUN/2025[2017-18]Status: DisposedITAT Pune26 Aug 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.970/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Atul Bhanudas Shinde, V The Income Tax Officer, Shetphal Haveli, Dhenu Nagar, S Ward-14(5), Pune. Bawada S.O, Shetphal Haveli, Pune – 413103. Maharashtra. Pan: Ectps5299N Appellant/ Assessee Respondent / Revenue Assessee By Shri Sarang Gudhate –Ar Revenue By Shri Ajay D. Kulkarni – Addl.Cit(Dr) Date Of Hearing 04/08/2025 Date Of Pronouncement 26/08/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee In Form No.36 Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 14.02.2025 Emanating From Assessment Order Under Section 147 R.W.S 144 R.W.S 144B Of The Act, For A.Y.2017-18 Dated 20.05.2023. The Assessee Has Raised The Following Grounds Of Appeal :

Section 147Section 148Section 148ASection 151Section 151ASection 250Section 68

reopening of the assessment is beyond three years and after obtaining the approval of the Principal Commissioner of Income Tax-4 instead of Principal Chief Commissioner and same is contrary to the provisions of section 151 and therefore the Assessment Proceeding is bad in law, not sustainable, needs ... been approved by Ld.Pr.CIT-4, Pune whereas, as per provisions of Section 151, it should have been approved by Principal Chief Commissioner of Income Tax. Ld.AR submitted that the quantum involved is less than Rs.50 lakhs. Hence, no notice could have been issued after the lapse of three years from

Zuber Khan Iqbal Khal Pathan, Dhule vs. ITO Ward 1, Dhule

In the result, appeal of the assessee in ITA No

ITA 757/PUN/2025[2016-17]Status: DisposedITAT Pune26 Aug 2025AY 2016-17

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.756 & 757/Pun/2025 निर्धारण वषा / Assessment Years: 2017-18 & 2016-17 Zuber Khan Iqbalkhan Pathan, V The Income Tax Officer, Karim Bidi Compound, Wadjai S Ward-1, Dhule. Road, Dhule – 424001. Maharashtra. Pan: Abrpi3068E Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishore Phadke –Ar Revenue By Shri Ajay D. Kulkarni –Dr Date Of Hearing 07/08/2025 Date Of Pronouncement 26/08/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 & A.Y.2016-17 Both Dated 29.04.2024 Emanating From Separate Assessment Orders Under Section 147 Of The Act, For A.Y.2017-18 & A.Y.2016-17 Respectively; Both Dated 19.05.2023. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being

Section 147Section 148Section 148ASection 151Section 151ASection 250Section 44ASection 69A

Commissioner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) Principal Chief Commissioner or Principal Director General or where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General, if more than three ... three years have expired from the end of the assessment year, Sanctioning Authority under section 151(ii) of the Act should be the Principal Chief Commissioner of Income Tax ("PCCIT") and not the PCIT. Mr. Gandhi says, as held in Siemens Financial Services

Zuber Khan Iqbal Khan Pathan, Dhule vs. ITO, Ward 1, Dhule

In the result, appeal of the assessee in ITA No

ITA 756/PUN/2025[2017-18]Status: DisposedITAT Pune26 Aug 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.756 & 757/Pun/2025 निर्धारण वषा / Assessment Years: 2017-18 & 2016-17 Zuber Khan Iqbalkhan Pathan, V The Income Tax Officer, Karim Bidi Compound, Wadjai S Ward-1, Dhule. Road, Dhule – 424001. Maharashtra. Pan: Abrpi3068E Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishore Phadke –Ar Revenue By Shri Ajay D. Kulkarni –Dr Date Of Hearing 07/08/2025 Date Of Pronouncement 26/08/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 & A.Y.2016-17 Both Dated 29.04.2024 Emanating From Separate Assessment Orders Under Section 147 Of The Act, For A.Y.2017-18 & A.Y.2016-17 Respectively; Both Dated 19.05.2023. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being

Section 147Section 148Section 148ASection 151Section 151ASection 250Section 44ASection 69A

Commissioner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) Principal Chief Commissioner or Principal Director General or where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General, if more than three ... three years have expired from the end of the assessment year, Sanctioning Authority under section 151(ii) of the Act should be the Principal Chief Commissioner of Income Tax ("PCCIT") and not the PCIT. Mr. Gandhi says, as held in Siemens Financial Services

Vimal Kumar Banka, Kanpur vs. ITO Ward-1(2)(1), Kanpur

The appeal of the assessee is allowed

ITA 25/LKW/2024[2012-13]Status: DisposedITAT Lucknow25 Aug 2025AY 2012-13

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Vimal Kumar Banka V. The Ito 5/P/25, Dabauli Ward 1(2)(1) Kanpur Kanpur Tan/Pan:Afzb1801J (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 24.11.2023, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That As Per The Assessing Officer (Ao), The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Sold An Immovable Property, Jointly Held With Mrs Kanchan Talwar, During The Year Under Consideration For A Consideration Of Rs.10,00,000/- & The Value Of The Same As Per The Stamp Valuation Authority Was Rs.23,15,000/-. The Assessing Officer (Ao), Therefore, Reopened The Case Of The Assessee Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’)

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 142(1)Section 144Section 144BSection 147Section 148Section 148(2)Section 151

void ab initio and be quashed. 3. Because there being no approval as mandated as per section 151, from the Chief Commissioner of Income-tax, the notice issued under section 148 is without jurisdiction, the reassessment framed be quashed. ITA No.25/LKW/2024 Page 4 of 10 4. Because neither the reasons

Sevugan Pethaperumal, Madurai vs. PCIT, Madurai-1, Madurai

In the result, the appeal of the assessee is allowed

ITA 1196/CHNY/2025[2020-21]Status: DisposedITAT Chennai25 Aug 2025AY 2020-21

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1196/Chny/2025 Assessment Years: 2020-21 Sevugan Pethaperumal, Principal Commissioner Of Income No.41, First Main Street, Tax, Narayanapuram West, Madurai-1, Madurai, Madurai. Tamil Nadu-625 014. [Pan: Afjpp5984J] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri G.Tarun, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri Bipin C.N, Cit सुनवाई की तारीख/Date Of Hearing : 06.08.2025 घोषणा की तारीख /Date Of Pronouncement : 25.08.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri G.Tarun, AdvocateFor Respondent: Shri Bipin C.N, CIT
Section 143(3)Section 263

Revision by the 28[Principal Commissioner or] Commissioner* Revision of orders prejudicial to revenue. 29 263. (1) The 28[ 30[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner] or] Commissioner may call for and examine 31 the record 32 of any proceeding under this Act, and if he considers ... case may be,] conferred on, or assigned to, him under the orders or directions issued by the Board or by the 43[Principal Chief Commissioner or] Chief Commissioner or 43[Principal Director General or] Director General or 43[Principal Commissioner or] Commissioner authorised by the Board in this behalf under

Aamya Resources LLP, Andheri East vs. ITO, Ward 24(1)(1) Mumbai, Mumbai

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

ITA 4423/MUM/2025[2016-17]Status: DisposedITAT Mumbai21 Aug 2025AY 2016-17

Bench: Hon’Ble Shri Sandeep Gosain & Shri Om Prakash Kantvs. Ito, Ward 24(1)(1) Aamya Resources Llp Piramal Chamber, 1, Wilson House, Old Mumbai – 400012. Nagardas Road, Andheri (E), Mumbai – 400069. Pan/Gir No. Abcfa4651A (Applicant) (Respondent) Assessee By Shri Satish Aggarwal (Virtually Appear) Revenue By Shri Surendra Mohan, Sr. Dr Date Of Hearing 21.08.2025 Date Of Pronouncement 24.09.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 11.10.2019 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre / Cit(A), Mumbai For The Assessment Year 2015- 16. 2. Although, Assessee Had Raised Number Of Grounds In The Present Appeal But At The Outset Ld. Ar Pressed Ground No.4 Which Is Legal In Question & It Goes To The Roots Of The Case. Therefore, We Have Decided To Adjudicate This Ground Firstly, Ground No. 4, Which Is Reproduced Herein Below:

Section 148Section 149Section 151Section 250Section 3(1)

Commissioner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year: (ii) Principal Chief Commissioner or Principal Director General or where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General, if more than three ... More than three years Principal Chief new regime have elapsed from the Commissioner or end of the relevant Principal Director assessment year General or Chief Commissioner or Director General 15. The Supreme Court in para 75 and 76 of its judgment has further held that after 1/4/2021, the different specified