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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

DCIT, Chennai vs. Avo Carbon Holding Llc, Usa

In the result, all the appeals filed by the assessees are allowed

ITA 1760/CHNY/2024[2013-14]Status: DisposedITAT Chennai04 Feb 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.1758 & 1759/Chny/2025 िनधा"रण वष"/Assessment Years: 2014-15, 2016-17 M/S. Hillview Renewable Power Vs. The Assistant Commissioner Of Private Limited, (Studio N) Sy No. 70, Income Tax/Dc, Narne Nagar, Beside Lanco Hills, Central Circle 1(2), Manikonda, Hyderabad 500 075. Chennai. [Pan:Aadch3040D] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos.1760 & 1761/Chny/2025 िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17 M/S. Magnolia Ecopower Private Vs. The Assistant Commissioner Of Limited, (Studio N) Sy No. 70, Narne Income Tax/Dc, Nagar, Beside Lanco Hills, Manikonda, Central Circle 1(2), Hyderabad 500 075. Chennai. [Pan: Aaicm9358C] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1762/Chny/2025 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Chetan Orchardes Private Limited, Vs. The Assistant Commissioner Of No. 51, Park View Street, Near Gandhi Income Tax/Dc, Road, Alwarthirunagar, Tiruvallur, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aadcc7086L] (अपीलाथ"/Appellant) (""थ"/Respondent)

Section 153A

section as to whether an Assessing Officer has jurisdiction to assess any person, the question shall be determined by the Director General or the Chief Commissioner, etc. Sub- section (3) thereof provides as under: “(3) No person shall be entitled to call in question the jurisdiction of an Assessing Officer

Sankarlal Naik Karamsi, Hyderabad vs. ITO., Ward-8(1), Hyderabad

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

ITA 1257/HYD/2024[2016-17]Status: HeardITAT Hyderabad03 Feb 2025AY 2016-17

Bench: Shri Laliet Kumara N D Shri Manjunatha, G. & आ.अपी.सं /Ita No.1257/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Sankarlal Naik Vs. Income Tax Officer Karamsi, Hyderabad Ward 8(1) Pan:Ancpk0584A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Mohd. Afzal, Advocate राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 03/02/2025 घोषणा की तारीख/Pronouncement: 03/02/2025 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 03/10/2024 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2016-17. 2. The Assessee Has Raised The Following Grounds: “1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Against The Law, Weight Of Evidence & Probabilities Of Case.

For Appellant: Shri Mohd. Afzal, AdvocateFor Respondent: : Shri Srinath Sadanala, DR
Section 147Section 148Section 148ASection 271(1)(c)Section 69A

assessee on 21.03.2023 through ITBA portal after recording the reasons as prescribed u/s 147 and after taking prior approval of the Pr. Chief Commissioner of Income Tax, AP & Telangana. In response, the assessee has not filed his return of income. Since the assessee has not responded to the various notices

Future Gaming and Hotel Services P Ltd, Coimbatore vs. ACIT, Central Circle-2, Coimbatore

The appeal stand allowed in terms of our above order

ITA 950/CHNY/2024[2019-20]Status: DisposedITAT Chennai31 Jan 2025AY 2019-20

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.950/Chny/2024 (िनधा*रणवष* / Assessment Year: 2019-20) M/S. Future Gaming & Hotel Acit बनाम/ Services Private Limited Central Circle-2, 54, Mettupalayam Road, Coimbatore. Vs. Gn Mills Post, Coimbatore-641 029. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-9751-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : S/Shri S. Sridhar & N. Arjun Raj (Advocate) - Ld. Ars " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Cit-Dr A/W Ms. Anitha (Addl. Cit) – Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 10-01-2025 घोषणा की तारीख /Date Of Pronouncement : 03-02-2025 आदेश / O R D E R

For Appellant: S/Shri S. Sridhar & N. Arjun Raj (Advocate) - LdFor Respondent: Shri R. Clement Ramesh Kumar (CIT) -Ld. CIT-DR a/w Ms. Anitha (Addl. CIT) – Ld.
Section 153ASection 271A

account or other documents maintained in the normal course relating to such previous year" or (B) Otherwise not been disclosed to the [Principal Chief Commissioner or} Chief Commissioner or [Principal Commissioner or Commissioner before the date of search: or (ii) Any income of the specified previous year represented, either wholly ... search which either have not been recorded before the date of search in the books of account or not disclosed to the Principal Chief Commissioner of Income Tax before the date of search. In the present case, during search, some loose sheets were recovered and seized. The same merely contain