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“principal officer”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(35)593 judgments

The decision most relied on for principal officer is CIT v. Max India Ltd. (295 ITR 282), cited in 1,162 judgments on BharatTax.

Leading authorities on principal 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.

CIT v. Nirav Modi
390 ITR 292 · 2017 · High Court
286
citing judgments

The Principal Commissioner of Income Tax (PCIT) cannot invoke revisionary powers under Section 263 merely on the ground of "inadequate enquiry" by the Assessing Officer (AO) if the AO has conducted an enquiry, examined evidence, and formed a possible view. For Section 263 to apply, the PCIT must demonstrate that the assessment order is both erroneous (contrary to law) and prejudicial to the revenue.

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.

PCIT v. ABC Papers Ltd.
447 ITR 1 · 2022 · Supreme Court
181
citing judgments

Appeals before the Income Tax Appellate Tribunal (ITAT) must be filed before the bench with territorial jurisdiction over the Assessing Officer's location or the assessee's principal place of business.

CIT v. Hindustan Coca Cola Beverages P Ltd.
331 ITR 192 · 2011 · High Court
152
citing judgments

The Principal Commissioner of Income Tax cannot exercise revisional jurisdiction under Section 263 if the Assessing Officer has taken one of two possible views on a debatable issue during assessment proceedings.

Rajmandir Estates Private Limited v. Pr. CIT
386 ITR 162 · 2016 · High Court
131
citing judgments

The Principal Commissioner can revise an assessment under Section 263 if the Assessing Officer's inquiry into share application money or cash credits under Section 68 was inadequate, constituting an order erroneous and prejudicial to the revenue. The primary onus to prove the identity, creditworthiness, and genuineness of such credits remains with the assessee.

CIT v. Fine Jewellery (India) Ltd.
372 ITR 303 · 2015 · High Court
93
citing judgments

An assessment order is not erroneous and prejudicial to the revenue merely because it does not explicitly discuss an issue for which the Assessing Officer had raised queries and the assessee had provided a response. In such a scenario, the Principal Commissioner cannot invoke revisionary powers under Section 263.

Principal CIT v. Sreeleathers
448 ITR 332 · 2022 · High Court
88
citing judgments

Additions made by an Assessing Officer under Section 68 for unsecured loans or share capital/premium are perverse if based merely on an allegation of 'shell companies' without proper findings, especially when the assessee has provided evidence and lenders confirmed transactions through Section 133(6) notices.

Judgments citing principal officer

M/S.Shilpi Flocking Co. Pvt. Ltd, Mumbai vs. Income Tax Officer 15(3)(3), Mumbai

In the result, this ground of appeal is allowed

ITA 5411/MUM/2019[2014-15]Status: DisposedITAT Mumbai13 Jun 2022AY 2014-15

Bench: Shri Vikas Awasthy & Shri Gagan Goyalm/S Shilpi Flocking Co. Pvt. Ltd., C/8, Janardhan Bhavan, B.K. Road, Mulund (E), Mumbai-400081. Pan: Aaacs8671C ...... Appellant Vs. Ito-15(3)(3), Aayakar Bhavan, M.K. Road, Mumbai-400020. ..... Respondent Appellant By : None Respondent By : Ms. Neha Thakur, Dr Date Of Hearing : 16/03/2022 Date Of Pronouncement : 13/06/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-24, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Vide Order Dated 26.04.2019 For The Assessment Year (Ay) 2014-15. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case As Well As In Law, The Learned Income Tax Officer Has Disallowed Rs. 1,50,000/-(6,00,000-4,50,000) As Director’S Remuneration. The Income Tax Officer Has Considered Rs. 4,50,000 Instead Of Rs. 6,00,000 As Director’S Remuneration Paid. The Learned Cit (Appeals) -24 Mumbai Confirmed The Same By Passing The Order Under Section 250 Of The It Act 1961. 2. On The Facts & In The Circumstances Of The Case As Well As In Law, The Learned Income Tax Officer Erred In Disallowing Rs.5,61,210 & Rs. 1,38,917 On Account

For Appellant: NoneFor Respondent: Ms. Neha Thakur, DR
Section 250

case of CIT vs. Ansal Land Mark Township (P.) Ltd., wherein it was held as under: "Provided that any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of this Chapter