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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

Shri Ram Saran Mittal, Agra vs. Pr CIT - 1, Agra

The appeal stand allowed as indicated upon conclusion of hearing

ITA 27/AGR/2022[2017-18]Status: DisposedITAT Agra22 Apr 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.27/Agr/2022 (िनधा"रणवष" / Assessment Year: 2017-18) बनाम/ Sh. Ram Saran Mittal Ccit(Osd)/Pcit-1, 62-B, Nehru Nagar, Agra. Agra. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ablpm-2281-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sahib P. Satsangi, Ca – Ld. Ar " थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. By Way Of This Appeal, The Assessee Assails Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Commissioner Of Income Tax-1, Agra (Pr.Cit) For Assessment Year (Ay) 2017-18 Vide Impugned Order Dated 31-03-2022 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) Of The Act On 30-11-2019. Having Heard Rival Submissions & Upon Perusal Of Case Records, Our Adjudication Would Be As Under. 2. Upon Perusal Of Assessment Order, It Could Be Seen That The Assessee’S Return Of Income Was Accepted In Scrutiny Assessment. During The Course Of Assessment Proceedings, Notices U/S 142(1) Were Issued To The Assessee Which Were Duly Been Responded To By The Assessee.

For Appellant: Sh. Sahib P. SatsangI, CA – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR
Section 142(1)Section 143(3)Section 263

would be as under. 2. Upon perusal of assessment order, it could be seen that the assessee’s return of income was accepted in scrutiny assessment. During the course of assessment proceedings, notices u/s 142(1) were issued to the assessee which were duly been responded to by the assessee

M/S Tomar & Brothers, Etawah vs. A.C.I.T., Circle-5, Firozabad

The appeal stands allowed

ITA 348/AGR/2014[2007-08]Status: DisposedITAT Agra22 Apr 2025AY 2007-08

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 348/Agr/2014 (िनधा"रणवष" / Assessment Year:2007-08) M/S. Tomar & Brothers Acit, Circle 5, बनाम/ 843-A, Moti Jheel Colony, Firozabad. Vs. Etawah (Up). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaft-7229-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Anurag Sinha, Adv. – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2007-08 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- Ii, Agra [Cit(A)] Dated 31-03-2014 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 147 Of The Act On 29-12-2011. Both Sides Made Vehement Arguments. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed- Off As Under. The Ld. Ar Has Assailed The Validity Of Reassessment Proceedings. 2. Upon Perusal Of Assessment Order, It Could Be Seen That Assessee’S Return Of Income Was Scrutinized U/S. 143(3) On 18-11-2009. However, The Case Was Reopened Vide Notice U/S 07-01-2011 On The Allegation That The Assessee Did Not Deduct Tax At Source On Machinery Rental Payments.

For Appellant: Sh. Anurag Sinha, Adv. – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. Sr. DR
Section 07Section 143(3)Section 194I

during the course of regular assessment proceedings and an opinion was already formed. It is quite clear that the returned income was subjected to scrutiny assessment proceedings u/s 143(3) wherein the books of accounts were duly verified by Ld. AO. The case was reopened at the behest of third

The Barnala Primary Cooperative Agricultural Development Bank Limited, Barnala vs. Income Tax Officer, Barnala

The appeal stand allowed in terms of our above order

ITA 983/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh21 Apr 2025AY 2020-21

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.983/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2020-21) The Barnala Primary Cooperative Ito Agricultural Development Bank Ltd. Barnala 148101. बनाम/ Vs. Dhanaula Road Opp. Pspcl Office, Barnala.148001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaat-4569-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Deepak Aggarwal(Adv.) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 02-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2020-21 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 05-08-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 21-09-2022. The Sole Grievance Of The Assessee Is Rejection Of Claim U/S 80P(2)(A)(I) For Rs.168.23 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Deepak Aggarwal(Adv.) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 143(3)Section 5Section 80P(2)(a)

would not be a cooperative bank. In fact, similar deduction as claimed by the assessee has been granted by Ld. AO in scrutiny assessment proceedings for AY 2023-24 vide assessment order u/s 143(3) dated 21-12-2024, a copy of which has been placed on record.On these facts