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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

Anchita Properties Pvt. Ltd., Kolkata vs. ITO, Ward-12(1), Kolkata.

In the result, both the appeals of the assessee are allowed

ITA 637/KOL/2024[2013-14]Status: DisposedITAT Kolkata22 Aug 2024AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

Section 133(6)Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 263Section 68

section 139(1) of the Income Tax Act on 30th March, 2014 declaring total income of Rs.55,10,070/-. This return was selected for scrutiny assessment and a notice under section 143(2) was issued and served upon the assessee. The ld. Assessing 3 & Anchita Properties Pvt. Ltd. Officer ... passed the scrutiny assessment on 16.12.2015 determining the taxable income of the assessee at Rs.55,15,880/-. 5. The ld. Assessing Officer thereafter got some information and issued a notice under section 133(6) dated 20.02.2020. Copy of this notice is available on pages no. 16 & 19 of the paper

Anchita Properties Pvt. Ltd., Kolkata vs. P.C.I.T., Kolkata - 2, Kolkata

In the result, both the appeals of the assessee are allowed

ITA 1067/KOL/2024[2013-2014]Status: DisposedITAT Kolkata22 Aug 2024AY 2013-2014

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

Section 133(6)Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 263Section 68

section 139(1) of the Income Tax Act on 30th March, 2014 declaring total income of Rs.55,10,070/-. This return was selected for scrutiny assessment and a notice under section 143(2) was issued and served upon the assessee. The ld. Assessing 3 & Anchita Properties Pvt. Ltd. Officer ... passed the scrutiny assessment on 16.12.2015 determining the taxable income of the assessee at Rs.55,15,880/-. 5. The ld. Assessing Officer thereafter got some information and issued a notice under section 133(6) dated 20.02.2020. Copy of this notice is available on pages no. 16 & 19 of the paper

Arunachalam Sankar, Perambalur vs. ITO Ward 1, Perambalur

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

ITA 881/CHNY/2024[2017-18]Status: DisposedITAT Chennai22 Aug 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.881/Chny/2024 "नधा"रण वष"/Assessment Year:2017-18 Shri Arunachalam Sankar, The Income Tax Officer, 3/10, Indhira Street, Vs. Ward 1, Perambalur – 621 212. Perambalur. Pan: Cmjps 9306L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Girish Kumar, Advocate ""यथ"क" ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 22.08.2024 घोषणा क" तार"ख/Date Of Pronouncement : 22.08.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi In Order No.Itba/Nfac/S/250/2023-24/ 1060927038(1) Dated 14.02.2024. The Assessment Was Framed By The Income Tax Officer, Ward 1, Perambalur For The Assessment Year 2017-18 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 30.12.2019. 2. The Only Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A)-Nfac In Confirming The Action Of Ao In Re-Computing The Gross Profit Rate At 12% On The Gross Sales & Making Addition Of Rs.6,82,333/-. For This, Assessee Has Raised Various Grounds Which Are Argumentative, Exhaustive & Hence, Need Not Be Reproduced.

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 69

Statement of affairs/Balance sheet as on 31.3.2017 6. Cash book / Day book” The AO during the course of scrutiny assessment made addition of unexplained credit of Rs.19,99,950/- being cash deposits made during demonetization period in Corporation Bank. The CIT(A) deleted the addition but stated that the cash ... profit rate at 1% to 2% and in this year, due to large increase in sale, profit rate was declared at 5%. Even in scrutiny assessment in assessment year 2018-19 (copy of order filed before us, which is placed on record), the profit rate is accepted

Hi-Style India Private Limited, Chennai vs. DCIT, Corp Circle 2(2)/CIT(A), Chennai

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

ITA 910/CHNY/2024[2014-15]Status: DisposedITAT Chennai21 Aug 2024AY 2014-15

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.910/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 Hi-Style India Private Limited, Vs. The Deputy Commissioner Of 1652 G, 2Nd Avenue, Anna Nagar, Income Tax, Chennai 600 040. Corporate Circle 2(2), Chennai. [Pan: Aacch2545L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Babu Peram, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 14.08.2024 घोषणा की तारीख /Date Of Pronouncement : 21.08.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2014-15. 2. The Assessee Raised 2 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is Whether The Ld. Cit(A) Is Justified

For Appellant: Shri Babu Peram, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 260ASection 263

Respondent Revenue was accepting the same in the earlier years. 6. The ld. DR Ms. R. Anita, Addl. CIT did not dispute the original scrutiny assessment proceedings and the method of write-off and claiming by way of depreciation. Admittedly, there is no dispute with regard to leased premises