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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

Sudarshan Bhagwandas Naval, Jalgaon vs. PCIT (Central Circle 1 Nagpur), Nagpur

Appeal is dismissed

ITA 600/PUN/2024[AY 2018-2019]Status: DisposedITAT Pune30 Aug 2024

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.600/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Sudarshan Bhagwandas Vs. Pcit (Central), Nagpur. Naval, Naval Multispecialty Hospital, Near Bhaskar Market, Jilla Peth, M.J. College Road, Jalgaon- 425001. Pan : Aafpn7830C Appellant Respondent Assessee By : Shri Abhishek K. Choksy & Shri Ankit Davda Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 27.08.2024 Date Of Pronouncement : 30.08.2024 आदेश / Order Per Satbeer Singh Godara, Jm: This Assessee’S Appeal For Assessment Year 2018-19 Arises Against The Pcit (Central), Nagpur’S Order Dated 01.02.2024 Passed In Case No. Itba/Rev/F/Rev5/2023-24/1060387551(1) Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties At Length. Case File Perused.

For Appellant: Shri Abhishek K. Choksy &For Respondent: Shri Ajay Kumar Keshari
Section 143(3)Section 154Section 263Section 263(1)

jurisdiction under Section 263 (1) of the Act could have relied upon the valuation report which had come into the possession of the Income-tax Officer subsequent to the completion of the assessment. The Calcutta High Court held that "the record contemplated in section 263(1) does not mean only ... having a relevant and material bearing on the assessment to be made and the result of such proceeding was not available with the Income-tax officer before the completion of the assessment, but the result came subsequently, the revising authority is entitled to look into such material as it forms

A 1235 Madurai Taluk Agricultural Producers Co-Operative Marketing Society Limited, Madurai vs. NFAC, Delhi

Appeal of the assessee is partly allowed for statistical purpose

ITA 656/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 Aug 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.656/Chny/2023 (िनधा"रणवष" / Assessment Year: 2018-2019) A 1235 Madurai Taluk Agricultural Vs. The Income Tax Officer, Producers Co-Operative Marketing Non Corporate Ward 1(1) Society Limited, Madurai. 31, Visuvasapuri 3Rd Street, Gnanaolipuram, Madurai 625 016. [Pan: Aaaaa 9671J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S. Sridhar, (Erode) Advocate ""यथ" क" ओर से /Respondent By : Shri Arv Srinivasan,Irs, Adl Cit. सुनवाई क" तार"ख/Date Of Hearing : 20.06.2024 घोषणा क" तार"ख /Date Of Pronouncement : 29.08.2024 आदेश / O R D E R Per Manu Kumar Giri () This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023-24/1051232891 (1) Dated 24.03.2023. The Assessment Was Framed By The Additional/Joint /Deputy/Assistant Commissioner Of Income Tax / Income-Tax Officer, National E-Assessment Centre, Delhi U/S.143(3) R.W.S. 143(3A) & 143(3B) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) For The Assessment Year 2018-19 Vide Order Dated 07.04.2021. 2. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: Shri S. Sridhar, (Erode) AdvocateFor Respondent: Shri ARV Srinivasan,IRS, Adl CIT
Section 139(1)Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(e)

Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023-24/1051232891 (1) dated 24.03.2023. The assessment was framed by the Additional/Joint /Deputy/Assistant Commissioner of Income Tax / Income-tax Officer, National e-Assessment Centre, Delhi u/s.143(3) r.w.s. 143(3A) & 143(3B) of the Income Tax Act, 1961 (hereinafter the ‘Act’) for the assessment