Agarwal v. CIT

189 ITR 769High Court1991#939 most cited

What is Agarwal v. CIT authority for?

The Assessing Officer (AO) must follow decisions of the Tribunal and the High Court, acting in a quasi-judicial capacity. An AO's order is not considered erroneous for revision under Section 263 merely because it follows a binding decision of a higher authority, even if that decision is under appeal.

113

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2015 to 2025.

Also referred to as

Agarwal v. CIT · Section 263 · Assessing Officer · binding precedents · judicial discipline · erroneous order · higher authority decision · Tribunal · High Court · quasi-judicial capacity

Issues it is cited on

Judgments citing Agarwal v. CIT

Prem Motors Private Limited, Gwalior vs. Jurisdictional Assessing Officer, DCIT/ACIT, Circle1(1), Gwalior

In the result all the appeals filed by the

ITA 100/AGR/2021[2019-20]Status: DisposedITAT Agra22 Mar 2022AY 2019-20

Bench: : Shri Anil Chaturvedi & Sh. Laliet Kumarassessment Year: 2018-19 Sharda Oil Industries Pvt. Ltd. Vs. Jo Circle-2(1)(1), 17, Tundla Road, Nunhai Agrau.P. Agrau.P. Pan: Aaecs1396L (Appellant) (Respondent) Assessment Year: 2019-20 Prem Motors Pvt. Ltd. Vs. Jo Dcit/Acit, Circle-1(1) Kanwal Complex, B-32, A.G. Office Gwalior M.P. Road, Gwalior M.P. 474001 Pan: Aabcp2035Q (Respondent) (Appellant) Assessment Year: 2019-20 Karam Udyog Vs. Jo Circle - 1(1)(1) 9, Gailana Road Agra U.P. Agra U.P. Pan: Abbfk0897L (Appellant) (Respondent)

Section 139Section 142Section 143(1)(a)Section 2(24)(x)Section 36Section 36(1)(v)Section 36(1)(va)Section 438Section 43B

…taken a considered decision on this issue. 2. With regard to the precedentiary value in deciding the issue before us, we have gone through the following judgments: ITA No. 114/Agra/2021 & Others (58) The Hon’ble Allahabad High Court in K. N. Agarwal v. CIT 189 ITR 769 held that, "Indeed, the orders of the Tribunal and the High Court are binding upon the Assessing officer and since he acts in a quasi judicial capacity, the discipline of such functioning demands that he should follow the decision of the Tribunal or the High Court, as the case may be. He cannot ignore merely on the ground that the Tribunal's ord…