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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

Vishal Balvantrai Agarwal, Ahmedabad vs. The Pr. Commissioner of Income Tax, Ahmedabad -1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 226/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad25 Sept 2024AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.226/Ahd/2023 िनधा"रण वष" /Assessment Year : 2018-19 Vishal Balvantrai Agarwal The Pr.Cit बनाम/ 249 New Cloth Market Ahmedabad-1 V/S. O/S. Raipur Gate Ahmedabad – 380 002 (Gujarat) "थायी लेखा सं./Pan: Adbpa 4462 G (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Divyakant Parikh, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2024 घोषणा की तारीख /Date Of Pronouncement: 25/09/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am:

For Appellant: Shri Divyakant Parikh, ARFor Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 10Section 142(1)Section 143(3)Section 14ASection 263Section 57

facts in not accepting the contention of the assessee raised vide letter dated 16.03.2023. Stating that the assessee's case is selected for limited scrutiny assessment under, E- assessment scheme 2019 for the issue "deduction from income from other source", and hence Suo moto revisional power under section 263 cannot ... procedural or legal error and the AO’s decision not to expand the scrutiny was correct and in line with the scope of limited scrutiny assessments. 5. On the other hand, the Departmental Representative (DR) relied on the order of PCIT and stated that the reason for limited scrutiny

M/S Orchid Pharma Ltd. (Formerly M.S Orchid Chemicals & Pharmaceuticals Ltd.), Chennai vs. ACIT, Central Circle-1(1), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 277/CHNY/2022[2014-15]Status: DisposedITAT Chennai25 Sept 2024AY 2014-15

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.276 & 277/Chny/2022 िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15 M/S. Orchid Pharma Ltd. [Formerly Vs. The Assistant Commissioner Of M.S. Orchid Chemicals & Income Tax, Pharmaceuticals Ltd.] 313, Orchid Central Circle 1(1), Towers, Valluvarkottam High Road, Chennai. Nungambakkam, Chennai 600 034. [Pan: Aaaco0402B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Ramakrishnan, F.C.A. & Shri Shrenik Chordia, C.A. ""थ" की ओर से/Respondent By : Shri V. Nandakumar, Cit सुनवाई की तारीख/ Date Of Hearing : 29.08.2024 घोषणा की तारीख /Date Of Pronouncement : 25.09.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Common Order Both Dated 28.02.2022 Passed By The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai For The Assessment Years 2013-14 & 2014-15 Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri B. Ramakrishnan, F.C.A. &For Respondent: Shri V. Nandakumar, CIT
Section 238Section 271(1)(c)Section 30(2)Section 31(1)Section 35Section 36Section 37

revised return of income was filed on 12.03.2014 declaring a loss of ₹.266,04,86,669/-. The scrutiny assessment was completed by making addition of ₹.59,98,34,478/- on account of disallowance under section 37 of the Act [₹.34,11,081/-], disallowance under section

M/S Orchid Pharma Ltd. (Formerly M.S Orchid Chemicals & Pharmaceuticals Ltd.), Chennai vs. ACIT, Central Circle-1(1), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 276/CHNY/2022[2013-14]Status: DisposedITAT Chennai25 Sept 2024AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.276 & 277/Chny/2022 िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15 M/S. Orchid Pharma Ltd. [Formerly Vs. The Assistant Commissioner Of M.S. Orchid Chemicals & Income Tax, Pharmaceuticals Ltd.] 313, Orchid Central Circle 1(1), Towers, Valluvarkottam High Road, Chennai. Nungambakkam, Chennai 600 034. [Pan: Aaaco0402B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Ramakrishnan, F.C.A. & Shri Shrenik Chordia, C.A. ""थ" की ओर से/Respondent By : Shri V. Nandakumar, Cit सुनवाई की तारीख/ Date Of Hearing : 29.08.2024 घोषणा की तारीख /Date Of Pronouncement : 25.09.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Common Order Both Dated 28.02.2022 Passed By The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai For The Assessment Years 2013-14 & 2014-15 Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri B. Ramakrishnan, F.C.A. &For Respondent: Shri V. Nandakumar, CIT
Section 238Section 271(1)(c)Section 30(2)Section 31(1)Section 35Section 36Section 37

revised return of income was filed on 12.03.2014 declaring a loss of ₹.266,04,86,669/-. The scrutiny assessment was completed by making addition of ₹.59,98,34,478/- on account of disallowance under section 37 of the Act [₹.34,11,081/-], disallowance under section

Kay Kay Synthetics, Mumbai vs. I.T.O. National Faceless Assessment Centre, Delhi, Not Known

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

ITA 3959/MUM/2024[ASSESSMENT YEAR 2011-12]Status: DisposedITAT Mumbai25 Sept 2024

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalkay Kay Synthetics, Vs. I.T.O, Nfac, 201-202, Anna New Delhi. Apartments, 2Nd Floor, 14 Main Avenue, Santacruz (W), Mumbai-400054. Pan/Gir No. : Aaafk0934D Appellant .. Respondent Appellant By : Shri Vimal Punmiya.Ar Respondent By : Shri B.B. Nagawe, Sr. Dr Date Of Hearing 23.09.2024 Date Of Pronouncement 25.09.2024 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre(Nfac) Delhi / Cit(A), Passed U/Sec 271(1)(C) & U/Sec 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Vimal Punmiya.ARFor Respondent: Shri B.B. Nagawe, Sr. DR
Section 143(3)Section 271(1)(c)Section 274Section 275

penalty proceedings u/s271(1)(c) of the Act, Since assesse has entered into bogus purchase transactions, the A.O relied on the findings in the scrutiny assessment and the assesse was provided adequate opportunity of hearing and the assesse has filed explanations on various dates Kay Kay Synthetics, Mumbai and explained ... satisfied with the explanations and details and has levied the penalty of Rs. 1,40,050/- based on the information of the scrutiny assessment and passed the order u/sec 271(1)(c) of the Act on 05.03.2022. 4. Aggrieved by the penalty order, the assessee has filed an appeal with