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“Section 33(4)”

Section References (mined)Section 33Section 33(4)252 judgments

The decision most relied on for Section 33(4) is Commissioner of Income Tax Madras v. Chenniyappa Mudiliar (1 SCC 591), cited in 225 judgments on BharatTax.

Leading authorities on Section 33(4)

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.

ITO v. Murlidhar Bhagwan Das
52 ITR 335 · 1964 · Supreme Court
100
citing judgments

The Supreme Court clarified that an appellate authority's 'finding' must be essential for disposing of the appeal for the relevant assessment year, not an incidental observation about another year's income. Appellate authorities cannot issue directions on matters not directly arising in the appeal for the specific assessment year, especially regarding escaped income, which has separate statutory mechanisms.

Sohan Lal Gupta v. CIT
33 ITR 786 · 1958 · High Court
56
citing judgments

Tax authorities cannot reject an assessee's affidavit or a retraction of an admission of income without providing an opportunity to substantiate the claims or cross-examine the deponent. Simply lacking documentary evidence is not sufficient ground for outright rejection of such evidence.

State Bank of Mysore v. DCIT
33 SOT 7 · 2009 · ITAT
39
citing judgments

When bad debts written off were not allowed as a deduction, any subsequent recovery from such bad debts cannot be brought to tax. This principle is upheld even if a deduction for provisions for bad and doubtful debts was allowed under section 36(1)(viia).

CIT vs. Macmillan (SC) 33 ITR 182 4. Jagarnath v. CIT 2 ITC 4, CIT vs. Nawaz
22 ITR 502 · 1952 · High Court
30
citing judgments

The case establishes that the Income Tax Appellate Tribunal (ITAT) has the power to confirm, reduce, or annul the assessment or penalty, as defined under Section 251(1) of the Income Tax Act, 1961. This power extends to all the matters which the Appellate Assistant Commissioner (AAC) could have considered.

SSPDL Ltd vs. DCIT, 33 TAXMANN.COM 447. 4) CIT v. Suzlon Energy Ltd., 33
32 Taxmann.com 276 · 2013 · High Court
15
citing judgments

The Assessing Officer cannot make additions under Section 14A concerning investments in shares if the investment was not made for future benefit and was intended for business purposes.

Kartar Singh v. CIT
111 ITR 184 · 1978 · High Court
13
citing judgments

The Income Tax Appellate Tribunal (ITAT) cannot enhance an assessment or take back a benefit granted by the Assessing Officer.

SC) 33 ITR 182 4. Jagarnath vs. CIT 2 ITC 4, CIT vs. Nawaz 6 ITR 370; Gajalakshmi v. CIT
99 ITR 236 · 1975 · High Court
13
citing judgments

This case is authority for the proposition that where income has escaped assessment due to the assessee's failure to disclose material facts, reassessment proceedings under Section 147 are valid.

Judgments citing Section 33(4)

Raja Satheeshkumar, Salem vs. ITO, Ward-1(6), Salem

The appeal of the assessee is partly allowed for statistical purposes

ITA 2942/CHNY/2025[2011-12]Status: DisposedITAT Chennai17 Dec 2025AY 2011-12

Bench: Hon’Ble Shri George George K & Before Hon’Ble Shri Inturi Rama Raoआयकर अपील सं./Ita No.2942/Chny/2025 Assessment Years: 2011-12 Raja Satheeshkumar, Income Tax Officer, H.No.2/167, Cecg Nagar, Alagapuram, Ward-1(6), Periyapudur, Salem, Salem. Tamil Nadu-636 016. [Pan: Auqps9210G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr.Bhupendran S, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 16.12.2025 घोषणा की तारीख /Date Of Pronouncement : 17.12.2025 आदेश / O R D E R Per Inturi Rama Rao, A.M :

For Appellant: Mr.Bhupendran S, AdvocateFor Respondent: Ms.R.Anitha, Addl.CIT
Section 139(1)Section 142(1)Section 143Section 143(3)Section 148Section 246Section 246A

which it was held that where, pursuant to the directions of the Tribunal in an order under section 33(4) of the Indian Income-tax Act, 1922 (section 254 of the 1961 Act) to revise and amend the assessment made by the ITO, the ITO revises the assessment, the order ... against an order of the ITO amending or revising an assessment pursuant to the directions of the Tribunal under section 33(4) (section 254 of the 1961 Act). It was observed: "...The Income-tax Officer's duty to assess the total income of the assessee and to determine