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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

Mtw Mission 2K34 Foundation, Pune vs. CIT Exemption, Pune

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

ITA 904/PUN/2025[NA]Status: DisposedITAT Pune31 Jul 2025

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.904/Pun/2025 Mtw Mission 2K34 Foundation, Cit (Exemption), Pune S. No. 554/2, Pl 18A, Fl 402, Nancy Palace, Gidney Park, Vs. Gultekadi, Market Yard, Pune-411037 Pan : Aapcm7688C अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Jasraj Sutar Department By : Shri Amol Khairnar Date Of Hearing : 29-07-2025 Date Of 31-07-2025 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 26.03.2025 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)”] Whereby He Rejected The Application Of The Assessee Filed Before Him On 16.11.2024 In Form No. 10Ab Under Section 12A(1)(Ac)(Vi)-Item(B) Of The Income Tax Act, 1961 (The “Act”).

For Appellant: Shri Jasraj SutarFor Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)

compliance to the subsequent show cause notice issued by the Ld. CIT(E), however, it was not intentional but occurred because the principal officer of the assessee trust was not present in the town at the relevant time. He further argued that a short notice of only 7 days ... charitable activities conducted by the assessee. Before us, the Ld. AR has submitted the such non-compliance was for the reason that the principal officer of the trust was not available at the relevant time. Further, in our view, 7 days time to respond to the notice considering the discrepancies

Sanjeev Kumar Azad, Danapur vs. Assessment Unit, Income Tax Department, Delhi

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

ITA 247/PAT/2025[2022-23]Status: DisposedITAT Patna18 Jul 2025AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.247/Pat/2025 Assessment Year: 2022-23 Sanjeev Kr. Azad.………………….....…..…………………....Appellant Flat No.302, Radhe-Krishna Apartment, Goal Road, Danapur, Bihar-801503 [Pan: Aicpa9561G] Vs. Assessment Unit, Nfac, Delhi……….…............................…..…..... Respondent Appearances By: Shri Ravi Shankar, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 17, 2025 Date Of Pronouncing The Order : July 18, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.03.2025 Of The National Faceless Appeal Centre [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 Filed Its Return Of Income For A.Y. 2022-23 Declaring A Total Income Of Rs.2,50,000. The Return Was Processed Under Section 143(1) Of The Income-Tax Act, 1961. The Case Was Subsequently Selected For Scrutiny Under Cass Based On The Reason That Substantial Cash Deposits Had Been Made In The Assessee'S Current Account, Disproportionate To The Returned Income. Notices Under Sections 143(2) & 142(1) Were Issued. During The Assessment Proceedings, The Assessing Officer (Ao) Noted That The

Section 133(6)Section 143(1)Section 250

issued to SBI, but no response was received. Based on the available material, and considering the bank's uploaded Form 61A verified by the principal officer, the AO proceeded to estimate the business income by applying a profit rate of 5% on total deposits of Rs.9,27,88,340/-, thereby