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“Commissioner (Appeals)”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(16A) / Section 1174,761 judgments

The decision most relied on for Commissioner (Appeals) is Jute Corporation of India Ltd. v. CIT (187 ITR 688), cited in 1,372 judgments on BharatTax.

Leading authorities on Commissioner (Appeals)

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

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.

CIT v. Kanpur Coal Syndicate
53 ITR 225 · 1964 · Supreme Court
359
citing judgments

The Commissioner (Appeals) holds plenary powers when disposing of an appeal, with their scope being coterminous with the Assessing Officer. This allows the CIT(A) to exercise all powers of the AO, including admitting additional evidence and redetermining income.

CIT v. Shapoorji Pallonji Mistry
44 ITR 891 · 1962 · Supreme Court
278
citing judgments

The Commissioner of Income-tax (Appeals) cannot enhance an assessment by introducing a new source of income or by changing the head of income during appellate proceedings.

Commissioner of Income Tax Madras v. Chenniyappa Mudiliar
1 SCC 591 · 1985 · Reported
225
citing judgments

The appellate tribunal must render a proper decision on both facts and law, disposing of an appeal on its merits rather than dismissing it solely due to the appellant's absence. This obligation is derived from Section 33(4) of the Income Tax Act, 1922, and reflects principles of natural justice.

Mahindra and Mahindra Ltd. v. DCIT
30 SOT 374 · 2009 · ITAT
201
citing judgments

The Commissioner of Income Tax (Appeals) cannot expand the scope of an assessment or improve the Assessing Officer's case in a manner that usurps the revisional power of the Commissioner of Income Tax under Section 263 of the Income-tax Act.

CIT v. Jansampark Advertising & Marketing (P.) Ltd.
56 Taxmann.com 286 · 2015 · High Court
196
citing judgments

The Commissioner of Income-tax (Appeals) has an independent statutory obligation to conduct proper inquiries and verify facts, especially when the Assessing Officer has failed to do so. The CIT(A) must ensure effective inquiry is carried out before deleting additions or accepting additional evidence.

Judgments citing Commissioner (Appeals)

Himanshu Chimanlal Engineer, Mumbai vs. Assistant Commissioner of Income Tax, 19 (2), Mumbai

In the result, the appeals of the assessee are allowed

ITA 3209/MUM/2023[2007-08]Status: DisposedITAT Mumbai30 Jan 2024AY 2007-08

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3209/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2007-08) & आयकर अपील सं/ I.T.A. No.3208/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Himanshu Chimanlal बिधम/ Assistant Commissioner Engineer Income Tax, 19 (2) Vs. 33 – Chamunda Niwas, B- Piramal Chambers, Wing, 3Rd Floor, Tagore Parel, Mumbai-400012. Road, Santa Cruz (West), Mumbai-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaape0548H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anant N Pai Revenue By: Shri. P D Chougle (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/01/2024 घोषणा की तारीख /Date Of Pronouncement: 30/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-34, Mumbai/National Faceless Appeal Center, Delhi (Nfac) [Hereinafter Referred As “Ld. Cit(A)”] Dated 14.07.2023 For The Assessment Year (Ay) 2007-08 & Ay 2009-10. 2. Both Sides Agree That These Appeals Are Penalty Appeals; & Facts As Well As The Penalty Levied Are Similar/Identical In Both Appeals. Therefore, Appeal For The Ay 2007-08 Is Taken As The Lead Case & The Result Of Which Will Be Followed Mutatis Mutandis For The Appeal For Ay 2009-10. A.Y. 2007-08, 2009-10 Himanshu Chimanlal Engineer, Mumbai 3. Coming To Appeal For Ay 2007-08, The Ld. Ar Of The Assessee Shri Anant N Pai Pointed Out That The Ao Had Levied An Amount Of Rs.5,00,000/- U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Penalty Order Dated 31.03.2014 For Ay. 2007-08 (And Rs. 10,00,000/- For Ay 2009-10). Further According To Him, The Ld. Cit(A) Has Confirmed The Impugned Penalty Levied By The Ao. Before Us The Assessee Has Raised An Addition Ground Of Appeal Wherein Assessee Has Raised The Legal Issue Which Is Reproduced As Under:-

For Appellant: Shri Anant N PaiFor Respondent: Shri. P D Chougle (Sr. AR)
Section 271(1)(c)Section 274

raised the legal issue which is reproduced as under:- “Additional Ground 1A: - On facts and circumstances of the case and in law, the Ld. Commissioner (Appeals) erred in confirming the penalty u/s 271(1)(c) of the Act of Rs.5,00,000/- when penalty proceedings were initiated

Himanshu Chimanlal Engineer, Mumbai vs. Assistant Commissioner of Income Tax 19 (2) Mumbai, Mumbai

In the result, the appeals of the assessee are allowed

ITA 3208/MUM/2023[2009-10]Status: DisposedITAT Mumbai30 Jan 2024AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3209/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2007-08) & आयकर अपील सं/ I.T.A. No.3208/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Himanshu Chimanlal बिधम/ Assistant Commissioner Engineer Income Tax, 19 (2) Vs. 33 – Chamunda Niwas, B- Piramal Chambers, Wing, 3Rd Floor, Tagore Parel, Mumbai-400012. Road, Santa Cruz (West), Mumbai-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaape0548H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anant N Pai Revenue By: Shri. P D Chougle (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/01/2024 घोषणा की तारीख /Date Of Pronouncement: 30/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-34, Mumbai/National Faceless Appeal Center, Delhi (Nfac) [Hereinafter Referred As “Ld. Cit(A)”] Dated 14.07.2023 For The Assessment Year (Ay) 2007-08 & Ay 2009-10. 2. Both Sides Agree That These Appeals Are Penalty Appeals; & Facts As Well As The Penalty Levied Are Similar/Identical In Both Appeals. Therefore, Appeal For The Ay 2007-08 Is Taken As The Lead Case & The Result Of Which Will Be Followed Mutatis Mutandis For The Appeal For Ay 2009-10. A.Y. 2007-08, 2009-10 Himanshu Chimanlal Engineer, Mumbai 3. Coming To Appeal For Ay 2007-08, The Ld. Ar Of The Assessee Shri Anant N Pai Pointed Out That The Ao Had Levied An Amount Of Rs.5,00,000/- U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Penalty Order Dated 31.03.2014 For Ay. 2007-08 (And Rs. 10,00,000/- For Ay 2009-10). Further According To Him, The Ld. Cit(A) Has Confirmed The Impugned Penalty Levied By The Ao. Before Us The Assessee Has Raised An Addition Ground Of Appeal Wherein Assessee Has Raised The Legal Issue Which Is Reproduced As Under:-

For Appellant: Shri Anant N PaiFor Respondent: Shri. P D Chougle (Sr. AR)
Section 271(1)(c)Section 274

raised the legal issue which is reproduced as under:- “Additional Ground 1A: - On facts and circumstances of the case and in law, the Ld. Commissioner (Appeals) erred in confirming the penalty u/s 271(1)(c) of the Act of Rs.5,00,000/- when penalty proceedings were initiated