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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

DCIT(TDS)-2(3), Mumbai vs. Tata Aia Life Insurance Company Limited, Mumbai

In the result Ground No. 1(c) raised by the revenue is also dismissed

ITA 563/MUM/2019[2009-10]Status: DisposedITAT Mumbai20 Oct 2022AY 2009-10

Bench: Shriaby T Varkey & Shri Gagan Goyaldcit (Tds)-2(3), Room No. 718, K.G. Mittal Ayurvedic Hospital Building, Charni Road, Mumbai-400002. ...... Appellant Vs. Tata Aia Life Insurance Co. Ltd. 14Th Floor, Tower-A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel, Mumbai-400013. Pan: Aabct3784C ..... Respondent Appellant By : Smt. Mahita Nair- Cit (Dr) Respondent By : Sh. Hiten Chande Date Of Hearing : 25/07/2022 Date Of Pronouncement : 20/10/2022 Order Per Gagan Goyal, A.M: This Appeal By The Revenue Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-60, Mumbai [Hereinafter Referred To As [‘Cit(A)’] Dated 30.11.2018 Passed Under Section 201(1) / 201(1A) Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2009-10. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Smt. Mahita Nair- CIT (DR)For Respondent: Sh. Hiten Chande
Section 133ASection 194Section 194CSection 194JSection 201(1)

provisions of section 194J of the Act. Director sitting fees Outsourcing expenses; and Network charges. Further, submissions were filed with the income-tax officer (OSD) (TDS) on 27 2009, 22 December 2009, 22 January 2010, 1 April 2010, 27 May2010, 1 June 2010, 8 March 2010 and 15 December

ACIT- CC- 3(3), Cr- 3, Mumb vs. M/S. Candor Renewable Energy Pvt. Ltd.(Erstwhile 'Bhadrawati Ispat & Energy Ltd'.), Mumbai

ITA 2561/MUM/2021[2013-14]Status: DisposedITAT Mumbai19 Oct 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am 1. आयकरअपीलसं./ I.T.A. No. 2561/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2013-14) & 2. आयकरअपीलसं./ I.T.A. No. 2560/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2014-15) Asst. Commissioner Of M/S Candor Renewable Energy Pvt. Ltd. Inocome Tax-Cc-3(3), (Erstwhile Bhadrawati Central Range-3, बनाम/ Ispat & Energy Ltd) R. No. 1923, 19Th Floor, Air Vs. 404, 4Th Floor, Hub Town India Building, Nariman Solaris, N. S. Phadke Point, Mumbai-400021 Marg, Mumbai-400 069 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aadcr1238F (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : 3. आयकरअपीलसं./ I.T.A. No. 697/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2013-14) & 4. आयकरअपीलसं./ I.T.A. No. 698/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2014-15) Dy. Commissioner Of M/S Candor Renewable Energy Pvt. Ltd. (Erstwhile Income Tax-Cc-3(3), Bhadrawati Ispat & Energy Central Range-3, बनाम/ Ltd) R. No. 1923, 19Th Floor, Vs. 404, 4Th Floor, Hub Town Air India Building, Solaris, N. S. Phadke Marg, Nariman Point, Mumbai-400 069 Mumbai-400021 (अपीलधथी/Appellant) (प्रत्यथी / Respondent) :

For Appellant: Shri Sanjay V. DeshmukhFor Respondent: Shri Mani Jain & Prateek
Section 153ASection 68

Energy Pvt. Ltd. expenditure had been allowed to the erstwhile Indian Sugar Company which was a different entity from the amalgamated company. The Income-tax Officer disallowed the appellant's claim for exemption.  The assessee filed an appeal before the Appellate Assistant Commissioner who confirmed the order of the Income