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“Income-tax Officer”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(25) / Section 1175,006 judgments

The decision most relied on for Income-tax Officer is CIT v. Max India Ltd. (295 ITR 282), cited in 1,162 judgments on BharatTax.

Leading authorities on Income-tax Officer

CIT v. Max India Ltd.
295 ITR 282 · 2007 · Supreme Court
1,162
citing judgments

Under Section 263, an assessment order is not erroneous and prejudicial to the interest of the revenue merely because the Principal Commissioner disagrees with the Assessing Officer's (AO) view, particularly if the AO has adopted one of two permissible views in law, unless that view is completely unsustainable. If due inquiries were made, the AO's order does not become erroneous solely because the fact of inquiries was not recorded.

Dhakeshwari Cotton Mills Ltd. v. CIT
26 ITR 775 · 1954 · Supreme Court
1,061
citing judgments

Corroborative evidence is essential to support evidence found on third-party premises, and an assessment cannot be based on suspicion, surmises, or conjecture.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

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.

222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.
384 ITR 147 · 2016 · High Court
274
citing judgments

An assessment can be reopened if there is tangible material indicating escapement of income, demonstrating a live link between the material and the reasons recorded for reopening. The Assessing Officer must apply their mind to the material facts, and the sanction under section 151 should not be based on borrowed satisfaction.

Paul Mathews & Sons. v. CIT
263 ITR 101 · 2003 · High Court
266
citing judgments

A statement recorded under Section 133A of the Income-tax Act has no evidentiary value because Section 133A does not empower an Income-tax Officer to examine any person on oath.

Navnitlal C. Javeri v. K.K. Sen
56 ITR 198 · 1965 · Supreme Court
230
citing judgments

The Supreme Court holds that circulars issued by the Central Board of Direct Taxes (CBDT) are binding on all officers and persons employed in the execution of the Income-tax Act. These circulars are binding even if they deviate from the provisions of the Act, particularly when issued to relieve hardships.

Judgments citing Income-tax Officer

Srinivas Shah Radraraju, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-2(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 957/HYD/2019[2014-15]Status: DisposedITAT Hyderabad05 Feb 2025AY 2014-15

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.957/Hyd/2019 (निर्धारण वर्ा/Assessment Year: 2014-15) Srinivas Shah Rudraraju Vs. Dcit, Circle-2(1) Hyderabad Hyderabad [Pan :Afcpr1979L] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 15/01/2025 घोर्णध की तधरीख/Date Of 05/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)]-2, Guntur, Pertaining To A.Y.2014-15. 2. The Brief Facts Of The Case Are That, The Assessee Is An Individual, Filed His Return Of Income For The A.Y.2014-15 On 31.03.2015, Admitting Total Income Of Rs.53,50,976/-. The Case Was Selected For Scrutiny Under Cass For The Reason ‘Suspicious Long Term Capital Gain On Shares’ & During The Course Of Assessment Proceedings, The Assessing Officer, Noticed That The 2 Srinivas Shah Rudra Raju

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Dr.Sachin Kumar, DR
Section 68

merit and unsustainable. Further, the Hon'ble Apex Court in the case 10 Srinivas Shah Rudra Raju of Raymond Woollen Mills Ltd. vs Income-Tax Officer And Ors 236 ITR 34, (1999) had an occasion to consider the validity of reopening of the assessment and held that in determining whether

ITO-19(1)(1), Mumbai vs. Deepak Jagshibhai Visaria, Mumbai

In the result, both the appeals of the revenue bearing ITA Nos

ITA 4082/MUM/2024[2009]Status: DisposedITAT Mumbai04 Feb 2025

Bench: Itat By The Cbdt, Vide Its Circular No.5/2024 Dated 15/03/2024 As Mended By Circular No. F.No.279/Misc/142/2007-Itj(Pg) Dated 15/03/2024. But The Ld.Dr Stated That The Assessee’S Case Falls Under The Exception Provided In Paragraph 3.1(H) Of The Above Circular, Wherein It Is Stated That In Case Involving Organized Tax Evasion Including The Case Of Accommodation Entry Of Bogus Purchases, The Decision Of That Appeal Shall Be Taken On Merit Without Having Rigor To Tax Effect & The Monetary Effect. The Ld.Ar Has Not Made Any Objection. So Accordingly, Both The Appeals Are Taken For Adjudication.

For Appellant: Shri Prateek JainFor Respondent: Shri Asif Karmali (SR DR)
Section 143(3)Section 250

APPELLATE TRIBUNAL MUMBAI BENCH “J(SMC)”, MUMBAI BEFORESHRI AMARJITSINGH, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER - A.Y. 2011-12 - A.Y. 2009-10 Income-tax Officer, vs Mr. Deepak JagshibhaiVisaria Primal Chamber, 501, 5th Floor, Room No.11,2ndFloor, 61, Doctor Piramal Chambers, Lalbaug, Niwas, Banganga Road, Mumbai-400 012 Walkeshwar ... Assessment years 2009-10 and 2011-12, both dated18/06/2024. The impugned orders were emanated from the orders of the Learned Income-tax Officer, Ward 19(1)(4), Mumbai (in brevity, ‘the AO’), passed under section 143(3) of the Act,1961, date of orders 04/03/2015. 2. Both the appeals have

Income Tax Officer, Piramal Chamber, Mumbai vs. Deepak Jagshibhai Visaria, Mumbai

In the result, both the appeals of the revenue bearing ITA Nos

ITA 4077/MUM/2024[2011-12]Status: DisposedITAT Mumbai04 Feb 2025AY 2011-12

Bench: Itat By The Cbdt, Vide Its Circular No.5/2024 Dated 15/03/2024 As Mended By Circular No. F.No.279/Misc/142/2007-Itj(Pg) Dated 15/03/2024. But The Ld.Dr Stated That The Assessee’S Case Falls Under The Exception Provided In Paragraph 3.1(H) Of The Above Circular, Wherein It Is Stated That In Case Involving Organized Tax Evasion Including The Case Of Accommodation Entry Of Bogus Purchases, The Decision Of That Appeal Shall Be Taken On Merit Without Having Rigor To Tax Effect & The Monetary Effect. The Ld.Ar Has Not Made Any Objection. So Accordingly, Both The Appeals Are Taken For Adjudication.

For Appellant: Shri Prateek JainFor Respondent: Shri Asif Karmali (SR DR)
Section 143(3)Section 250

APPELLATE TRIBUNAL MUMBAI BENCH “J(SMC)”, MUMBAI BEFORESHRI AMARJITSINGH, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER - A.Y. 2011-12 - A.Y. 2009-10 Income-tax Officer, vs Mr. Deepak JagshibhaiVisaria Primal Chamber, 501, 5th Floor, Room No.11,2ndFloor, 61, Doctor Piramal Chambers, Lalbaug, Niwas, Banganga Road, Mumbai-400 012 Walkeshwar ... Assessment years 2009-10 and 2011-12, both dated18/06/2024. The impugned orders were emanated from the orders of the Learned Income-tax Officer, Ward 19(1)(4), Mumbai (in brevity, ‘the AO’), passed under section 143(3) of the Act,1961, date of orders 04/03/2015. 2. Both the appeals have