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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

M/S. Johnson & Johnson Surgical Vision India Private Limited ( Earlier Known As Abbott Medical Optics Private Limited), Gurgaon vs. Income Tax Officer, Ward- 11(1), Bangalore

In the result, the appeal filed by assessee stands partly allowed

ITA 84/BANG/2020[2009-10]Status: DisposedITAT Bangalore10 Jun 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 84/Bang/2020 Assessment Year : 2009-10 M/. Johnson & Johnson Surgical Vision India Pvt. Ltd. (Earlier Known As Abbott Medical Optics Pvt. Ltd.), The Income-Tax The Masterpiece, Officer, Level 5, Golf Course Road, Ward – 11(1), Sector – 54, Bangalore. Vs. Gurgaon – 122 002. Haryana. Pan: Aaeca8659C Appellant Respondent Assessee By : Shri Ajit Tolani, Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 18-04-2022 Date Of Pronouncement : 10-06-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 05.11.2011 Passed By Ld.Cit(A)-4, Bangalore For A.Y. 2009-10 On Following Grounds Of Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another. 1. That The Order Of The Learned Commissioner Of Income- Tax (Appeals)-4, Bangalore [‘Ld. Cit(A)'] & The Learned Income-Tax Officer, Ward 11(1), Bangalore (`Ld. Ao') To The Extent Prejudicial To The Appellant, Are Bad In Law, Contrary To Facts & Circumstances Of The Case & Liable To Be Quashed.

For Appellant: Shri Ajit Tolani, CAFor Respondent: Shri Pradeep Kumar, CIT DR
Section 3Section 92C

another. 1. That the order of the Learned Commissioner of Income- tax (Appeals)-4, Bangalore [‘Ld. CIT(A)'] and the Learned Income-tax Officer, Ward 11(1), Bangalore (`Ld. AO') to the extent prejudicial to the Appellant, are bad in law, contrary to facts and circumstances of the case

Deloitte Touche Tohmatsu India LLP (Sucessor of Delotte Touche Tohmatsu India Pvt. Ltd, Mumbai vs. ACIT -Cir 6(2) (1), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 9/MUM/2022[2012-13]Status: DisposedITAT Mumbai31 May 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.09/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Deloitte Touche Tohmatsu बिधम/ Acit-Circle 6(2)(1) India Llp (Successor Of Room No.504, 5Th Floor, Vs. Delotte Touche Tohmatsu Aayakar Bhavan, India Pvt. Ltd.) Maharshi Karve Road, One International Centre, Churchgate, Mumbai- Tower-3, 32Nd Floor, 400020. Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aalfd7157J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ketan Ved Revenue By: Ms. R. M. Madhavi (Dr) सुनवाई की तारीख / Date Of Hearing: 23/05/2022 घोषणा की तारीख /Date Of Pronouncement: 09/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) (Nfac), Delhi Dated 15.11.2021 For The Assessment Year 2012-13. 2. At The Outset, The Ld. Ar Of The Assessee Drew Our Attention To The Fact That The First Appellate Authority (Nfac) Has Passed The Order Without Giving Proper Opportunity To The Assessee. According To The Ld. Ar, The Assessee Had Filed All The Documents Sought For By The Cit(A) As Well As Had Filed Application Dated 23.01.2019 For Admission Of Additional Evidences (Refer Page No. 5 To 8 Of The Paper Book) As Well As Copy Of Letter Dated 25.10.2021 Uploaded On Income Tax E- Filing Portal On 09.10.2021 In Response To The Notices Dated 01.10.2021 & 11.10.2021 Respectively (Page No. 1 To 4 Of The Paper Book)

For Appellant: Shri Ketan VedFor Respondent: Ms. R. M. Madhavi (DR)
Section 36(1)(iii)

case, the Tribunal was justified in not setting aside the assessment order in spite of a finding arrived at by it that the Income-tax Officer had not given a proper opportunity of hearing to the assessee ?" In our opinion, there can only be one answer to this question which

Kaushal Premchand Luhadiya, Mumbai vs. ITO 33(2)(2), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1308/MUM/2020[2011-12]Status: DisposedITAT Mumbai27 May 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1308/Mum/2020 (निर्धारण वर्ा / Assessment Years: 2011-12) Kaushal Premchand बिधम/ Ito-33(2)(2) Luhadiya Room No.846, 8Th Floor, Vs. 2201, A-Wing, Mit- Kautilya Bhavan, C-41 To Niketan Tower, 90Ft Road, C-43, G-Block, Bandra Near Sanskruti Building, Kurla Complex, Bandra Thakur Complex, Kandivali East, Mumbai-400051. East, Mumbai-400101. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aawpl3781H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hari S. Raheja Revenue By: Shri Vijay Kumar Soni (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-45, Mumbai Dated 30.12.2019 For The Assessment Year 2011-12. 2. At The Outset, The Ld. Ar Of The Assessee Drew Our Attention To The Impugned Order Of The Ld. Cit(A) Which Is An Ex-Parte Order. Further, He Also Brought To Our Notice That The Ao Has Also Passed An Ex-Parte Order U/S 144 R.W.S 147 Of The Income Tax Act, 1961 [Hereinafter (‘The Act’)]. According To The Ld. Ar The Ex-Parte Orders Were Passed Because The Assessee Had Entrusted His Case To Shri Manoj Doshi Itp Who Mislead Him By Stating That He Is Appearing Before The Ao/Cit(A). However, Only Once The Assessee Received The Impugned Order, He Understood That The Itp Did Not Appear Before Ld Cit(A)

For Appellant: Shri Hari S. RahejaFor Respondent: Shri Vijay Kumar Soni (Sr. AR)
Section 144

case, the Tribunal was justified in not setting aside the assessment order in spite of a finding arrived at by it that the Income-tax Officer had not given a proper opportunity of hearing to the assessee ?" In our opinion, there can only be one answer to this question which