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“scrutiny assessment”

Assessment ProceduresSection 143(3)Section 143(3)7,671 judgments

The decision most relied on for scrutiny assessment is CIT v. Sunbeam Auto Ltd. (332 ITR 167), cited in 897 judgments on BharatTax.

Leading authorities on scrutiny assessment

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

Phool Chand Bajrang Lal v. ITO
203 ITR 456 · 1993 · Supreme Court
396
citing judgments

Reassessment proceedings under Section 147 are valid even after a scrutiny assessment under Section 143(3), provided the Assessing Officer forms a reason to believe, based on definite, specific, and reliable information, that income escaped assessment due to the assessee's failure to fully and truly disclose material facts.

Sanjay Bimalchand Jain v. PCIT-1, Nagpur
89 Taxmann.com 196 · 2018 · High Court
251
citing judgments

The exemption for long-term capital gains on share transactions is unavailable if the assessee fails to discharge the onus of proving the genuineness of gains arising from dubious share transactions designed to convert unaccounted income into tax-exempt capital gains. Courts will uphold an assessment based on the Revenue's evidence of price rigging or penny stock manipulation if the assessee cannot provide cogent evidence for the abnormal rise in share value.

CIT v. British Paints India Ltd.
188 ITR 44 · 1991 · Supreme Court
204
citing judgments

The Assessing Officer has a duty to examine whether an assessee's books of account truly disclose the correct income and is not bound to accept the accounting system regularly employed by the assessee or methods followed in earlier years. Each assessment year is a distinct and self-contained unit for tax purposes.

Principal Commissioner of Income-tax v. Subodh Agarwal
149 Taxmann.com 373 · 2023 · High Court
194
citing judgments

Approval of draft assessment orders under Section 153D must be granted with due application of mind, not mechanically. Approving multiple cases, such as 38 in a single day, without proper scrutiny amounts to mechanical approval, rendering the assessment invalid.

ITO v. TechSpan India (P) Ltd.
92 Taxmann.com 361 · 2018 · Supreme Court
194
citing judgments

Reassessment under Section 147/148 is invalid if it constitutes a mere change of opinion by the Assessing Officer without any fresh tangible material, especially after the assessee made a full and truthful disclosure during the original scrutiny assessment under Section 143(3).

Narayanappa v. CIT
63 ITR 219 · 1967 · Supreme Court
187
citing judgments

The approval required from a higher authority under section 153D of the Income Tax Act is an administrative act, not a quasi-judicial one. Consequently, an opportunity of hearing is not required to be given to the assessee at the stage of obtaining such approval, provided the approving authority is competent.

CIT v. Ralson Industries Ltd. 5
288 ITR 322 · 2007 · Supreme Court
153
citing judgments

The Supreme Court affirmed that lower authorities are bound by decisions of higher authorities due to judicial discipline. It also clarified that the Commissioner, in exercising revisional power under Section 263, can conduct necessary inquiries to determine if an assessment is prejudicial to the Revenue.

Judgments citing scrutiny assessment

Rahul M Dalmia, Mumbai vs. ITO Ward 25(3)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 3883/MUM/2024[2008-09]Status: DisposedITAT Mumbai29 May 2025AY 2008-09

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2008-09 Rahul M Dalmia Ito Ward 25(3)(3) 12-A, 5Th Floor, Raj Milan, Mumbai-400051. Dixit Road, Vile Parle East, Vs. 400057. Pan: Aabpd4501G (Appellant) (Respondent) Present For: Assessee : Shri. Bhupendra Shah, Ca Revenue : Shri. Kiran Unavekar, Sr. Dr Date Of Hearing : 25.03.2025 Date Of Pronouncement : 29.05.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-4, Kolkata, Vide Order No. Itba/Apl/S/250/2024-25/ 1066557784(1) Dated 09/07/2024 Passed Against The Assessment Order By Income Tax Officer - 25(3)(3), Mumbai, U/S. 143(3) R.W.S 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 10.02.2016 For Assessment Year 2008-09. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Passing Order U/S 143(3) Merely On The Basis Of Borrowed Satisfaction, Presumption & Surmises. 2. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Passing Order U/S 143(3) By Issuing Reopening Notice On 19/03/2015. 2 Rahul M Dalmia, A.Y. 2008-09

For Appellant: Shri. Bhupendra Shah, CAFor Respondent: Shri. Kiran Unavekar, Sr. DR
Section 131Section 143(3)Section 147Section 148Section 234Section 271

order of the Ld. CIT(A). 9.2. We also note that case of the vendor i.e. Shri. Arun Agarwal was taken up for scrutiny assessment, again on the same premise of entering into accommodation entries by arranging bogus purchases by him as recorded in his books of accounts

Madhav Krg Limited, Patiala vs. DCIT C C, Patiala

In the result, Assessee’s appeal is allowed

ITA 291/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh28 May 2025AY 2018-19

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 291/Chd/2023 "नधा"रण वष" / Assessment Year : 2018-19 Madhav Krg Limited, Dcit, Vill. Akalgarh, Amloh, बनाम Central Circle, Bhadson Road, Patiala Vs. Near Roll Plaza, Distt. Patiala "थायी लेखा सं./Pan No: Aadcm6458N अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Ashok Goel, Ca राज"व क" ओर से/ Revenue By : Sh. Ved Parkash Kalia, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 12.03.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 28.05.2025 आदेश/Order

For Appellant: Shri Ashok Goel, CAFor Respondent: Sh. Ved Parkash Kalia, Sr.DR
Section 131Section 142(1)Section 143(2)Section 69C

received against the above bill duly recorded. 5. Further the sale of goods manufactured out of raw material purchases have been duly accepted in scrutiny assessment. 6. The said sales are also subject to GST. 7. The Books of account have been accepted in scrutiny assessment 8. The gross profit ... progressive which is as under and have been mitted during scrutiny assessment: 6. During assessment proceedings and before the proceedings before Ld. CIT(A) it was submitted that all the relevant documents concerning such purchases were produced before the Assessing Officer as well as before

Morparia and Ranka Construction Co., Mumbai vs. ITO 17(2)(3), Mumbai

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

ITA 2786/MUM/2024[2014-2015]Status: DisposedITAT Mumbai28 May 2025AY 2014-2015

Bench: Shri Saktijit Dey & Shri Girish Agrawalassessment Year: 2014-15 Morparia & Ranka Ito 17(2)(3), Mumbai Construction Co. Aaykar Bhavan, Mumbai Office No.307, 3Rd Floor, 400023 Gundecha Chamber, Nagindas Vs. Master Road, Fort, Mumbai 400023 Pan: Aabfm0391D (Appellant) (Respondent) Present For: Assessee : Shri. Vimal Punmiya, Ca Revenue : Shri. Bhangepatil Pushkaraj Ramesh, Sr. Dr Date Of Hearing : 25.04.2025 Date Of Pronouncement : 28.05.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi, Vide Appeal No. Cit(A), Mumbai- 28/10833/2016-17 Dated 15.04.2024 Passed Against The Assessment Order By Income Tax Officer 17(2)(3), Mumbai U/S. 143(3) Of The Income- Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 28.12.2016 For Assessment Year 2014-15. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming Addition Made Of Rs.56500000/- Under Section 28(Iv) Of The Act Which Represents Amount Received & Now Repayable To M/S Crb Capital Market Ltd On Account Of 2

For Appellant: Shri. Vimal Punmiya, CAFor Respondent: Shri. Bhangepatil Pushkaraj
Section 143Section 143(3)Section 234BSection 28

flats sold to C.R.B. Capital Markets was also reported in its profit and loss account for the year 2006, which has been subjected to scrutiny assessment u/s.143(3) wherein income offered by the assessee was accepted, after considering the fact that ten flats were sold to C.R.B. Capital Markets