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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

The Satara Dcc Bank Staff Co-Op Credit Society Ltd, Satara vs. ACIT, Satara Circle, Satara

In the result, appeal of the assessee is allowed

ITA 633/PUN/2025[2018-19]Status: DisposedITAT Pune19 May 2025AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.633/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 The Satara Dcc Bank Staff V The Asst. Commissioner Co-Op Credit Society Ltd., S. Of Income Tax, Satara S.No.523 A/1, Vijay Circle, Satara. Millenium, Shop No.2, Satara, Maharashtra – 415001. Pan: Aaaat0953G Appellant/ Assessee Respondent / Revenue Assessee By Ms. Renuka Arunrao Ghatge Fca– Ar Revenue By Shri Vinodpawar,Irs – Addl.Cit(Dr) Date Of Hearing 07/05/2025 Date Of Pronouncement 19/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, 1961, For The A.Y.2018-19, Dated 06.02.2025. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Nfac-Cit (A), Delhi, Has Erred In Confirming The Action Of Ld. Assessing Officer (A.O.) In Making Addition Of Rs. 93,91,184/- On

Section 139(1)Section 250Section 80PSection 80P(2)(d)

ITAT Pune Bench in the case of Kolhapur District Central Co-op. Bank Kanista SevakanchiSahakar Pat Sanstha Ltd. Vs. Income-tax Officer 158 taxmann.com 322 (Pune Tribunal) has held as under : Quote “7………………………..I am of the considered opinion that even the interest income earned by cooperative society on deposits

G4S Secure Solutions (India) Private Limited, West Delhi, India vs. Central Processing Center, Bangalore

In the result, the appeal of the assessee is allowed

ITA 5285/DEL/2024[2023-24]Status: DisposedITAT Delhi16 May 2025AY 2023-24

Bench: Shri Shamim Yahya & Shri Vimal Kumarassessment Year: 2023-24 G4S Secure Solutions (India) Vs Cpc, Private Limited, Bengaluru. 9Th Floor, Tower-B, Good Earth Trade Tower, Sector-62, Bhondsi So (168), Gurugram, Haryana – 122 102. Pan: Aaacg1625Q (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Ms Ananya Kapoor & Shri Shivam Yadav, Advocates Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 12.03.2025 Date Of Pronouncement : 16.05.2025 Order Per Vimal Kumar, Jm: The Appeal By The Appellant/Assessee Is Against The Order Dated 23.09.2024 Of The Ld. Commissioner Of Income-Tax (Appeals)-6, Mumbai [Hereinafter Referred To As ‘The Ld. Cit(A)’] U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Appeal Arising Out Of The Order Dated 27.03.2024 U/S 143(1) Of The Act Of The Cpc, Bengaluru (Hereinafter Referred To As ‘The Ld. Ao’), For Assessment Year 2023-24. 2. Brief Facts Of The Case Are That The Assessee Filed The Original Return Of Income Along With Form 10Da On 29.11.2023. Subsequently, The Return Of Income Along With Form 10Da Was Revised On 30.12.2023. The Cpc Processed The Return Disallowing Deduction U/S 80Jjaa Of The Act, Vide Intimation Dated 27.03.2024. Against This Intimation Dated 27.03.2024, The Appellant Assessee Filed Appeal Before The Ld.Cit(A) Which Was Partly Allowed, Vide Order Dated 23.09.2024. 3. Being Aggrieved, The Appellant-Assessee Has Preferred The Present Appeal.

For Appellant: Shri Salil Kapoor, Ms Ananya KapoorFor Respondent: Shri Surender Pal, CIT, DR
Section 143(1)Section 250Section 80J

Ahmedabad-Trib.); - Jeans Knit (P.) Ltd. vs. DCIT [2022] 138 taxmann.com 480 (Bangalore- Trib.) - Krushi Vibhag Karmchari Vrund Sahakari Pat Sanstha Maryadit vs. Income-tax Officer [2023] 147 taxmann.com 449 (Nagpur-Trib.); & - Captain Steel India Ltd. vs. Deputy Commissioner of Income-tax [2024] 166 taxmann.com 351 (Kolkata-Trib

Gurpreet Singh Bhatia, Punjabi Bagh Extension vs. Income Tax Officer Ward-44(6), New Delhi, Civic Centre

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 958/DEL/2025[2017-18]Status: DisposedITAT Delhi15 May 2025AY 2017-18

Bench: Shri Shamim Yahya & Shri Vimal Kumarassessment Year: 2017-18 Gurpreet Singh Bhatia, Vs Income-Tax Officer, House No.11, Street No.23, Ward-44(6), Punjabi Bagh Extension, New Delhi. Delhi – 110 026. Pan: Aiips0365E (Appellant) (Respondent) Assessee By : Shri Shivam Malik, Advocate Revenue By : Shri Ram Krishan Meena, Sr. Dr Date Of Hearing : 13.05.2025 Date Of Pronouncement : 13.05.2025 Order Per Vimal Kumar, Jm: This Appeal By The Appellant Assessee Is Against The Order Dated 3Rd January, 2025 Of The Ld. Commissioner Of Income-Tax (Appeals), Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’] U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Appeal Arising Out Of The Order Dated 24.12.2019 U/S 143(3) Of The Act Of The Income-Tax Officer, Ward-44(6), Delhi (Hereinafter Referred To As ‘The Ld. Ao’), For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee E-Filed Itr For The Assessment Year 2017-18 On 04.11.2017 Declaring The Income At Rs.13,27,320/-. The Case Was Selected For Scrutiny Through Cass For The Reasons, ‘Abnormal Cash Deposit During Demonetization Period.’ Notice U/S 143(2) Of The Act Dated 16.08.2018 Was Issued. Notice U/S 142(1) Of The Act Dated 02.05.2019 Containing A Detailed Questionnaire Was Issued. Notice U/S 142(1) Of The Act Dated 03.06.2019 Was Issued, But, The Assessee Did Not File The Reply. On The Basis Of The Information, The Ld. Ao Completed The Proceedings Vide Order Dated 24.12.2019 By Making An Addition Of Rs.1,08,40,000/-.

For Appellant: Shri Shivam Malik, AdvocateFor Respondent: Shri Ram Krishan Meena, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 250

DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER Assessment Year: 2017-18 Gurpreet Singh Bhatia, Vs Income-tax Officer, House No.11, Street No.23, Ward-44(6), Punjabi Bagh Extension, New Delhi. Delhi – 110 026. PAN: AIIPS0365E (Appellant) (Respondent) Assessee by : Shri Shivam Malik, Advocate Revenue ... hereinafter referred to as ‘the Act’) in appeal arising out of the order dated 24.12.2019 u/s 143(3) of the Act of the Income-tax Officer, Ward-44(6), Delhi (hereinafter referred to as ‘the ld. AO’), for assessment year 2017-18. 2. Brief facts of the case are that

Gnanapragasam Bhaskar, Dindigul vs. ITO, Ncw-1, Dindigul

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

ITA 3069/CHNY/2024[2017-18]Status: DisposedITAT Chennai14 May 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3069/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Gnanapragasam Bhaskar, Vs. The Income Tax Officer, No. 7/22-C, Sahayamatha Colony, Non Corporate Ward 1, T.V.K. Nagar, Chinnalapatti Post, Dindigul. Dindigul 624 301. [Pan:Ahtpb8288M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunath, Ca ""थ" की ओर से/Respondent By : Ms. Deeptha, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 29.04.2025 घोषणा की तारीख /Date Of Pronouncement : 14.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.01.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 246 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri Anandd Babunath, CAFor Respondent: Ms. Deeptha, Addl. CIT
Section 131Section 142(1)Section 69A

that where an assessee fails to prove satisfactorily the source and nature of certain amounts of cash received during the accounting year, the Income-tax Officer is entitled to draw the inference that the receipts are of an assessable nature. That is not the position in the case before