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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

Patel Kalubhai Arjanbhai (HUF), Ahmedabad vs. The ITO, Ward-7(2)(1), Ahmedabad

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

ITA 2037/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad08 May 2025AY 2017-18

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 2037/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Patel Kalubhai Arjanbhai Income Tax Officer (Huf) Ward 7(2)(1), Ahmedabad Vs. Bunglow 235, Lane 12, Satyagrah Chhavni, Satellite, Ahmedabad – 380015, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaehp0886R (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Rupesh R. Shah, Ar. ""यथ" क" ओर से/Respondent By : Shri J L Bhatia, Sr. Dr Date Of Hearing 13/02/2025 08/05/2025 Date Of Pronouncement

For Appellant: Shri Rupesh R. Shah, ARFor Respondent: Shri J L Bhatia, Sr. DR
Section 250

added to the income of the assessee merely on the premise that in the immediately preceding year i.e. A.Y. 2016-17 ,in scrutiny assessment the declared agricultural income of the assessee of Rs.10,88,685/- was finalized taking it to be only Rs.4 Lacs and making addition of the balance ... accounts. It had been filing its income tax return for the past many years returning agricultural income therein which had been accepted in scrutiny assessment also. That for the year ended 31.03.2013 to the immediately preceding year i.e. year ended 31.03.2016, the assessee had returned agricultural income after deducting expenses

Wellfare Resorts and Farms Pvt Ltd, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-5(1), Visakhapatnam

In the result, appeal filed by the assessee is partly allowed

ITA 408/VIZ/2024[2014-15]Status: DisposedITAT Visakhapatnam07 May 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnanआ.अपी.सं /Ita No.408/Viz/2024 (िनधा"रण वष"/Assessment Year: 2014-15) Welfare Resorts & Farms Vs. Asstt. Commissioner Of Private Limited Income Tax, Circle 5 (1) Seethamadara A.P Visakhapatnam Pan:Aaacw4839L (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri G.V.N. Hari, Advocate राज" व "ारा/Revenue By:: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 07/05/2025 घोषणा की तारीख/Pronouncement: 09/06/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 16/03/2024 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2014-15. 2. There Is A Delay Of 127 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Which Is Also Supported By An Affidavit Of The Managing Director

For Appellant: Shri G.V.N. Hari, AdvocateFor Respondent: : Dr. Aparna Villuri, Sr. AR

income for the year under consideration declaring loss of Rs.12,31,464/-. The case of the assessee was selected for scrutiny and during the scrutiny assessment, the Assessing Officer has noted that the assessee has debited total expenses to the P&L Account to the tune of Rs.4

Assistant Commissioner of Income Tax Circle 12, Pune vs. Varun Jain, Pune

In the result, Cross Objection appeal filed by the assessee is allowed

ITA 2720/PUN/2024[2018]Status: DisposedITAT Pune07 May 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamorecross Objection No.14/Pun/2025 (Arising Out Of Ita No.2720/Pun/2024) िनधा"रण वष" / Assessment Year: 2018-19 Varun Jain, The Acit, P-024, Forest County, Kharadi, V Circle-12, Pune. Pune – 411014. S. Maharashtra. Pan:Aexpj0171J Appellant/ Assessee Respondent / Revenue आयकर अपील सं. / Ita No.2720/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 The Acit, Varun Jain, Circle-12, Pune. Vs. P-024, Forest County, Kharadi, Pune – 411014. Maharashtra. Pan:Aexpj0171J Appellant / Revenue Respondent / Assessee Assessee By Shri Fenil Bhatt – Ar(Virtual) Revenue By Shri Abhinay Kumbhar - Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 07/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: In This Case, Revenue Has Filed An Appeal Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under C.O.No.14/Pun/2025 [A] & Ita No.2720/Pun/2024 [R]

Section 10(35)Section 133ASection 143(3)Section 144BSection 147Section 148ASection 250Section 253(4)

raised by the appellant, it is seen that the appellant has challenged the validity of reopening proceeding. It is contended that the scrutiny assessment u/s. 143(3) was already completed and therefore, consequent action of reopening without having any corroborative evidence to allege the wrong doing by the appellant tantamount