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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

Ushasree Bandaru, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeals filed by the assessee are allowed

ITA 529/HYD/2024[2016-17]Status: DisposedITAT Hyderabad20 May 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.528/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Satyasree Kamineni Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adopk6338C] Circle-5(1) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.529/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Ushasree Bandaru Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Acepb2973M] Circle-5(1) Hyderabad निर्धाररती द्वधरध/Assessee By: Shri K.C.Devdas, Ar रधजस् व द्वधरध/Revenue By: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 01/05/2025 घोर्णध की तधरीख/ 21/05/2025 Date Of Pronouncement: आदेश / Order Per Vijay Pal Rao: These Two Appeals Filed By The Two Related Assessees Are Directed Against Two Separate Orders Of Principal Commissioner Of Income Tax (“Ld.Pcit”) Both Dated 26.03.2024 Passed U/S 263 The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. Identical Grounds Have Been Raised By Both The Assessees. The Grounds Raised In The Ita No.528/Hyd/2024 Are Reproduced As Under :

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 147Section 148Section 263Section 56(2)(vii)

Taxmann.com 122 (iv) [2022] 139 taxmann.com 286 (Jaipur – Trib) in the ITAT Jaipur Bench ‘SMC’ Prakash Chand Sharma HUF Vs. Income-tax Officer 5. Ld.AR has also filed excerpts of minutes of meeting of Board of Directors of M/s Kamineni Hospitals Pvt. Ltd., approving the Right Issue of equity shares

Satyasree Kamineni, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeals filed by the assessee are allowed

ITA 528/HYD/2024[A.Y.2016-17]Status: DisposedITAT Hyderabad20 May 2025

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.528/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Satyasree Kamineni Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adopk6338C] Circle-5(1) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.529/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Ushasree Bandaru Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Acepb2973M] Circle-5(1) Hyderabad निर्धाररती द्वधरध/Assessee By: Shri K.C.Devdas, Ar रधजस् व द्वधरध/Revenue By: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 01/05/2025 घोर्णध की तधरीख/ 21/05/2025 Date Of Pronouncement: आदेश / Order Per Vijay Pal Rao: These Two Appeals Filed By The Two Related Assessees Are Directed Against Two Separate Orders Of Principal Commissioner Of Income Tax (“Ld.Pcit”) Both Dated 26.03.2024 Passed U/S 263 The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. Identical Grounds Have Been Raised By Both The Assessees. The Grounds Raised In The Ita No.528/Hyd/2024 Are Reproduced As Under :

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 147Section 148Section 263Section 56(2)(vii)

Taxmann.com 122 (iv) [2022] 139 taxmann.com 286 (Jaipur – Trib) in the ITAT Jaipur Bench ‘SMC’ Prakash Chand Sharma HUF Vs. Income-tax Officer 5. Ld.AR has also filed excerpts of minutes of meeting of Board of Directors of M/s Kamineni Hospitals Pvt. Ltd., approving the Right Issue of equity shares

Bengal Education Foundation, Kolkata vs. ITO, Ward-1(2), Exemption, Kolkata

In the result, the appeal of the assessee is allowed

ITA 199/KOL/2025[2017-18]Status: DisposedITAT Kolkata20 May 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.199/Kol/2025 Assessment Year: 2017-18 Bengal Education Foundation…………….………………………..………….……Appellant 17/1, Rishi Bankim Chandra Road, Dum Dum, Kol-28. [Pan: Aactb1869Q] Vs. Ito, Ward-1(2), Exemption, Kolkata…..……....….….. ……………….........…..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Smt. Archana Gupta, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 20, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2024 Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Pune [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is A Public Charitable Trust & Had Filed Its Return Of Income For The Assessment Year 2022-23 In Itr-7 On 02.11.2022 Under The Status Of Aop/Boi By Declaring Nil Income After Claiming Exemption U/S 11 Of The Act Amounting To Rs.1,15,12,715/-. The Said Return Of Income Was Processed By Cpc & Vide Intimation Order Dated 31.03.2023 A Demand Of Rs.50,28,260/- Had Been Raised After Denying The Assessee’S Claim Of Exemption U/S 11 Of The Act Made In The Return Of Income. Before Passing Of The Intimation Order U/S 143(1) Of The Act, The Cpc Had Sent Communication To The Assessee On 14.02.2023 Intimating The Proposed Adjustments.

Section 11Section 119(2)(b)Section 143(1)Section 250

furnishing the same and it is permissible for the assessee to produce the audit report at a later stage either before the Income-tax Officer or before the appellate authority by assigning sufficient cause." The ld. Departmental Representative has failed to place before us any other binding precedents