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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

Abhaykumar Sevantilal Sanghavi, Deesa vs. The ACIT, Circle- Palanpur, Palanpur

Accordingly, these grounds are dismissed as infructuous

ITA 1368/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

bearing borrowed funds and the personal investments or interest-free loans. The AR stated that interest expenses were consistently allowed in earlier years under scrutiny assessments and the CIT(A) has taken note of the same in his order but has not appreciated the same. The AR pointed out that ... failure to establish any direct connection between borrowed funds and non-income-generating investments, coupled with the inconsistent treatment of similar expenses in earlier scrutiny assessments, renders the disallowance unsustainable. 9.2. The CIT(A) erred in upholding the proportionate disallowance of interest expenses without adequately addressing the aspects discussed above

Abhaykumar Sevantilal Sanghavi, Deesa vs. Old Jurisdiction- Circle, Palanpur New Jurisdiction-Circle, Gandhinagar

Accordingly, these grounds are dismissed as infructuous

ITA 1367/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

bearing borrowed funds and the personal investments or interest-free loans. The AR stated that interest expenses were consistently allowed in earlier years under scrutiny assessments and the CIT(A) has taken note of the same in his order but has not appreciated the same. The AR pointed out that ... failure to establish any direct connection between borrowed funds and non-income-generating investments, coupled with the inconsistent treatment of similar expenses in earlier scrutiny assessments, renders the disallowance unsustainable. 9.2. The CIT(A) erred in upholding the proportionate disallowance of interest expenses without adequately addressing the aspects discussed above

ACIT Central Circle-1(2), Hyderabad vs. Satty and Associates, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 236/HYD/2022[2016-17]Status: DisposedITAT Hyderabad12 Dec 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

present case is on 04.03.2019 and due date for issue of notice u/s 143(2) of the Act for selection of case for scrutiny assessment was expired on 31.07.2017. It is also an admitted fact that the additions made by the Assessing Officer towards fresh capital introduced by partners

Satty and Associates, Hyderabad vs. ACIT, Central Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 163/HYD/2022[2018-19]Status: DisposedITAT Hyderabad12 Dec 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

present case is on 04.03.2019 and due date for issue of notice u/s 143(2) of the Act for selection of case for scrutiny assessment was expired on 31.07.2017. It is also an admitted fact that the additions made by the Assessing Officer towards fresh capital introduced by partners

Satty and Associates, Hyderabad vs. Assistant Commissioner of Income Tax, Central Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 162/HYD/2022[2015-16]Status: DisposedITAT Hyderabad12 Dec 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

present case is on 04.03.2019 and due date for issue of notice u/s 143(2) of the Act for selection of case for scrutiny assessment was expired on 31.07.2017. It is also an admitted fact that the additions made by the Assessing Officer towards fresh capital introduced by partners