← All Phrases

“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)

Addl CIT RG 7(1), Mumbai vs. Piramal Enterprises Ltd (Formerly Knwon As Piramal Healthcare Ltd) (As Ultimate Successor to Nicholas Piramal India Ltd), Mumbai

ITA 5091/MUM/2010[2005-06]Status: DisposedITAT Mumbai11 Jan 2024AY 2005-06

Bench: Shri Kuldip Singh & Shri S Rifaur Rahmanassessment Year: 2005-06 M/S. Piramal Enterprises Dy. Commissioner Of Limited (Formerly Known Income Tax, As Piramal Healthcare Range-8(2)(1), Limited) (Earlier Known As Mumbai. Nicholas Piramal India Ltd.), Vs. Piramal Tower, Agastya Corporate Park, Lbs Marg, Kamani Junction, Kurla (West), Mumbai – 400 070 Pan: Aaacn4538P (Appellant) (Respondent) Assessment Year: 2005-06 Dy. Commissioner Of M/S. Piramal Enterprises Income Tax, Limited (Formerly Known Circle-8(2)(1), As Piramal Healthcare [Erstwhile Dcit Circle- Ltd.) (As Ultimate 7(1)], Successor To Nicholas Vs. Mumbai. Piramal India Ltd.), Piramal Tower, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013 Pan: Aaacn4538P (Appellant) (Respondent)

For Appellant: Shri Priyank Gala, A.RFor Respondent: Shri P.D. Chogule, (Addl. CIT) Sr. A.R
Section 28Section 40Section 45

than what is contemplated in the agreement is under a misconception of fact. However, in the order giving effect to the direction of the Commissioner (Appeals), the Assessing Officer has allowed the payment made towards expenditure fully and disallowed the amount of ` 1.47 crore towards royalty. When the terms ... consistency also assessee's claim of deduction in the impugned assessment year cannot be disallowed. Therefore, we uphold the decision of the learned Commissioner (Appeals) on this issue by dismissing the ground raised by the Revenue." (Underlined for Emphasis). 83. So in view of the matter

Piramal Healthcare Ltd ( Earlier Knownas Nicholas Piramal India Ltd), Mumbai vs. Addl CIT 7(1), Mumbai

ITA 3706/MUM/2010[2005-06]Status: DisposedITAT Mumbai11 Jan 2024AY 2005-06

Bench: Shri Kuldip Singh & Shri S Rifaur Rahmanassessment Year: 2005-06 M/S. Piramal Enterprises Dy. Commissioner Of Limited (Formerly Known Income Tax, As Piramal Healthcare Range-8(2)(1), Limited) (Earlier Known As Mumbai. Nicholas Piramal India Ltd.), Vs. Piramal Tower, Agastya Corporate Park, Lbs Marg, Kamani Junction, Kurla (West), Mumbai – 400 070 Pan: Aaacn4538P (Appellant) (Respondent) Assessment Year: 2005-06 Dy. Commissioner Of M/S. Piramal Enterprises Income Tax, Limited (Formerly Known Circle-8(2)(1), As Piramal Healthcare [Erstwhile Dcit Circle- Ltd.) (As Ultimate 7(1)], Successor To Nicholas Vs. Mumbai. Piramal India Ltd.), Piramal Tower, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013 Pan: Aaacn4538P (Appellant) (Respondent)

For Appellant: Shri Priyank Gala, A.RFor Respondent: Shri P.D. Chogule, (Addl. CIT) Sr. A.R
Section 28Section 40Section 45

than what is contemplated in the agreement is under a misconception of fact. However, in the order giving effect to the direction of the Commissioner (Appeals), the Assessing Officer has allowed the payment made towards expenditure fully and disallowed the amount of ` 1.47 crore towards royalty. When the terms ... consistency also assessee's claim of deduction in the impugned assessment year cannot be disallowed. Therefore, we uphold the decision of the learned Commissioner (Appeals) on this issue by dismissing the ground raised by the Revenue." (Underlined for Emphasis). 83. So in view of the matter

Technoforce Solutions (I) Private Limited, Nashik vs. Deputy Commissioner of Income Tax, Circle-1, Nashik

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

ITA 1381/PUN/2023[2015-16]Status: DisposedITAT Pune10 Jan 2024AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.1381/Pun/2023 िनधा"रण वष" / Assessment Year: 2015-16 Technoforce Solutions (I) Vs. Dcit, Circle-1, Nashik. Private Limited, D-33/35, Midc Industrial Area, Ambad, Nashik- 422010. Pan : Aabct5257C Appellant Respondent Assessee By : Shri Dilip Bapat & Shri Milind Modak Revenue By : Shri M. G. Jasnani Date Of Hearing : 10.01.2024 Date Of Pronouncement : 10.01.2024 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 16.11.2023 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi Has Erred In Not Entertaining The Claim Of The Appellant For Deduction Of Service Tax Of Rs 40,82,852 Under Section 37 Of The Income Tax Act On The Ground That The Said Claim Was Not Made In The Return Of Income.

For Appellant: Shri Dilip Bapat &For Respondent: Shri M. G. Jasnani
Section 143(3)Section 37

336/208 Taxman 498/23 taxmann.com 23 (Bom.) the Bombay High Court considered the issue at considerable length and held that Commissioner (Appeals) as well as the Tribunal have the jurisdiction to consider the additional claim and not merely additional legal submissions. The appellate authorities have discretion to permit such additional claims

Shri Subramaniam Elangovan, Chennai vs. ITO, Non Corporate Ward-1(2), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes and the stay petition is dismissed

ITA 1074/CHNY/2023[2011-12]Status: DisposedITAT Chennai10 Jan 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1074/Chny/2023 िनधा"रण वष"/Assessment Years: 2011-12 & S.P. No. 42/Chny/2023 [In I.T.A. No. 1074/Chny/2023 Subramaniam Elangovan, Vs. The Income Tax Officer, No. 37, Laxarus Church, 2Nd Lane, Non-Corporate Ward 1(2), Raja Annamalaipuram, Chennai. Chennai 600 028. [Pan:Aaape2824Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 04.01.2024 घोषणा की तारीख /Date Of Pronouncement : 10.01.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4, Chennai Dated 26.02.2016 Relevant To The Assessment Year 2011-12. 2. The Appeal Filed By The Assessee Is Time Barred By 2692 Days Delay In Filing The Appeal Before The Tribunal. The Assessee Has Filed Condonation Petition In Support Of An Affidavit, Wherein, Following Submissions Were Made:

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(3)Section 69

appeal for AY 2011-12 is still pending, which would show that the appellant was unaware of any appellate order passed by the Commissioner (Appeals). 4. The petitioner submits that the delay was neither wilful nor wanton but due to circumstances beyond the control of the appellant. If the delay

Maersk Global Service Centers (India ) Pvt. Ltd, Mumbai vs. The DCIT Circle-15(1) (1) Addl/Jt/Dy/ACIT/ITO-NFAC-Delhi, Mumbai

In the result, appeal of assessee is partly allowed

ITA 723/MUM/2022[2017-18]Status: DisposedITAT Mumbai05 Jan 2024AY 2017-18

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.723/मुं/2022 (िन.व. 2017-18) Maersk Global Service Centres (India) Private Limited, 12Th Floor, Empire Tower, Village Elthan, Airoli, Off Thane Belapur Road, Navi Mumbai – 400 708. Pan: Aadcm-7786-M ...... अपीलाथ"/Appellant बनाम Vs. The Dcit, Circle 15(1)(1), Addl/Jt/Dy/Acit/Ito-Nafc-Delhi, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent

For Appellant: Shri Porus Kaka, Sr. Advocate with Shri Manish Kanth, AdvocateFor Respondent: Shri Manoj Kumar –CIT DR/
Section 143(3)Section 154Section 92C

also furnished a working providing for risk adjustment while computing margin of the comparables. It is observed, neither the Transfer Pricing Officer nor learned Commissioner (Appeals) have properly appreciated the claim of the assessee vis–a–vis the facts on record. While the Transfer Pricing Officer has rejected assessee ... claim of risk adjustment by stating that the assessee has not done so in the transfer pricing study report, learned Commissioner (Appeals) has rejected assessee’s claim by stating that the assessee also bears single customer risk. In our view, assessee’s claim of risk adjustment requires consideration