← 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

Sudarshan Bhagwandas Naval, Jalgaon vs. PCIT (Central Circle 1 Nagpur), Nagpur

Appeal is dismissed

ITA 600/PUN/2024[AY 2018-2019]Status: DisposedITAT Pune30 Aug 2024

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.600/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Sudarshan Bhagwandas Vs. Pcit (Central), Nagpur. Naval, Naval Multispecialty Hospital, Near Bhaskar Market, Jilla Peth, M.J. College Road, Jalgaon- 425001. Pan : Aafpn7830C Appellant Respondent Assessee By : Shri Abhishek K. Choksy & Shri Ankit Davda Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 27.08.2024 Date Of Pronouncement : 30.08.2024 आदेश / Order Per Satbeer Singh Godara, Jm: This Assessee’S Appeal For Assessment Year 2018-19 Arises Against The Pcit (Central), Nagpur’S Order Dated 01.02.2024 Passed In Case No. Itba/Rev/F/Rev5/2023-24/1060387551(1) Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties At Length. Case File Perused.

For Appellant: Shri Abhishek K. Choksy &For Respondent: Shri Ajay Kumar Keshari
Section 143(3)Section 154Section 263Section 263(1)

deemed always to have included all records relating to any proceeding under this act available at the time of examination by the principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner; Further the Hon’ble Supreme Court in the case of CIT v. Shree Manjunathware Packing Products & Camphor

Deputy Commissioner of Income Tax, Exemptions Circle, Chennai, Income Tax Department vs. The Indian Institute of Engineering Technology, Chennai

In the result the appeal of the Revenue dismissed

ITA 679/CHNY/2024[2012-13]Status: DisposedITAT Chennai30 Aug 2024AY 2012-13

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.679/Chny/2024 िनधा;रण वष; /Assessment Year: 2012-13 The Dy. Commissioner Of The Indian Institute Of Engineering Income Tax, Vs. Technology, Exemptions Circle, 363, Arcot Road, Kodambakkam, Chennai. Chennai – 600 024. [Pan: Aaatt 2768C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथH की ओर से/ Assessee By : Shri R. Vijayaraghavan, Advocate JkथH की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 11.06.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), (Nfac), Delhi [Hereinafter “Cit(A)] In Din & Order No.Itba/Nfac/S/250/2023- 24/1059500064(1), Dated 09.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2012-13 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 20.03.2015. :- 2 -: 2. There Is A Delay Of 06 Days In Filing The Appeal By The Revenue.

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 10Section 11Section 12ASection 13(1)Section 13(1)(c)Section 13(1)(d)Section 143(3)

through relevant material. It is clear that the assessee has sought grant of exemptions u/s 10(23C)(vi) before the prescribed authority , viz the Chief Commissioner of Income Tax-III, Chennai , which had been denied , inter alia, for the reason that the assessee is having a substantial percentage of surplus ... lack of registration. The assessee has not placed any material to say that the order passed by the prescribed authority i.e. the Chief Commissioner of Income Tax-III, Chennai is no more a good order and the orders of the Lower authorities are contrary to the facts

Keller (M) Sdn Bhd, Chennai vs. DCIT Intl Tax 1(2), Chennai

In the result, the appeal of the assessee stands allowed

ITA 1319/CHNY/2023[2018-19]Status: DisposedITAT Chennai28 Aug 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1319/Chny/2023 (िनधा"रणवष" / Assessment Year: 2018-2019) Vs. The Deputy Commissioner Of Keller (M) Sdn Bhd, Income Tax, 7Th Floor, Centennial Square, International Taxation 1(2) No.6A, Dr. Ambedkar Road, Chennai. Kodambakkam, Chennai 600 024. [Pan: Aagck 8014M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. Ashik Shah, C.A. ""यथ" क" ओर से /Respondent By : Shri. Nilay Baran Som, Irs, Cit.

For Appellant: Shri. Ashik Shah, C.AFor Respondent: Shri. Nilay Baran Som, IRS, CIT
Section 133(6)Section 139Section 143(3)Section 147Section 154Section 239Section 263

clarity, the relevant extract of Section 263 of the Act is reproduced as under: ‘’263. Revision of orders prejudicial to revenue (1) The [Principal Chief Commissioner or Chief Commissioner or Principal Commissioner] or Commissioner] may call for and examine the record of any proceeding under this ... deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if, in the opinion of the Principal [Chief Commissioner or Chief Commissioner or Principal] Commissioner or Commissioner, ‘(a) the order is passed without making inquiries or verification which should have been made

The National Bank for Agriculture and Rural Development, Mumbai vs. Deputy Commissioner of Income-Tax, Circle 3(2)(1), Mumbai, Aayakar Bhawan

In the result, the appeals of the assessee for AY 2018-19 and AY 2019-20

ITA 2481/MUM/2024[2019-20]Status: DisposedITAT Mumbai26 Aug 2024AY 2019-20

Bench: Ms Padmavathy S, Am & Shri Sunil Kumar Singh, Jm Ι.Τ.Α. No. 2480 /Mum/2024 (Assessment Year: 2018-19) Ι.Τ.Α. No. 2481 /Mum/2024 (Assessment Year: 2019-20) The National Bank Of Agriculture & Rural Development C-24, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-400051. Pan : Aaact4020G Vs. Dcit, Circle-3(2)(1), Aaykar Bhavan, M.K. Road, Mumbai-400020. Appellant) : Respondent) Appellant/Assessee By : Shri J.D. Mistry, Sr. Adv. & Shri Niraj Sheth & Shri Gunjan Kakkad, Ar Revenue/Respondent By : Shri S. Srinivasu, Cit-Dr Date Of Hearing : 21.08.2024 Date Of Pronouncement : 26.08.2024 Order Per Padmavathy S, Am: These Appeals By The Assessee Are Against The Separate Orders Of The Principal Commissioner Of Income Tax, Mumbai 3 [In Short 'The Pcit'] Passed Under Section 263 Of The Income Tax Act, 1961 (The Act) Dated 14.03.2024 For

For Appellant: Shri J.D. Mistry, Sr. Adv. &For Respondent: Shri S. Srinivasu, CIT-DR
Section 143(3)Section 263Section 36(1)(vii)Section 36(1)(viia)

relevant extract of section 263 of the Act, which read as under :- “Revision of orders prejudicial to revenue. 263. (1) The [Principal Chief Commissioner or Chief Commissioner or Principal Commissioner] or Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that