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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

Hyundai Motor India Limited, Kancheepuram vs. DCIT Non Corp Circle 8(1), Chennai

In the result the appeal of the assessee is allowed

ITA 608/CHNY/2024[2013-14]Status: DisposedITAT Chennai21 Aug 2024AY 2013-14

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 608/Chny/2024 िनधा"रणवष" / Assessment Year: 2013-14 Deputy Commissioner Of Income M/S. Hyundai Motor India V. Tax, Limited, Non Corporate Circle – 8(1), Plot No. H-1, Sipcot Chennai – 600 034. Industrial Park, Irungatukottai, Sriperumbudurtaluk, Kancheepuram District, Tamil Nadu – 602 117. [Pan: Aaach-2364-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S.P. Chidambaram, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nanda Kumar, Cit सुनवाई क" तार"ख/Date Of Hearing : 06.06.2024 घोषणा क" तार"ख/Date Of Pronouncement : 21.08.2024 आदेश /O R D E R

For Appellant: Shri. S.P. Chidambaram, AdvocateFor Respondent: Shri. V. Nanda Kumar, CIT
Section 115JSection 143(3)Section 14ASection 154Section 250Section 43BSection 92

account under ‘Other Operating Revenue’. The aforesaid incentive was treated as a revenue receipt in its statutory books and income tax return.During scrutiny assessment proceedings, the Assessee submitted an additional claim that the incentive in the form of Investment Promotion Subsidy (IPS) was received for the purpose of setting ... account under ‘Other Operating Revenue’. The aforesaid incentive was treated as a revenue receipt in its statutory books and income tax return.During scrutiny assessment proceedings, the Assessee submitted an additional claim that the incentive in the form of Investment Promotion Subsidy (IPS) was received for the purpose of setting

Hyundai Motor India Limited, Kancheepuram vs. DCIT Non Corp Circle 8(1), Chennai

In the result the appeal of the assessee is allowed

ITA 589/CHNY/2024[2015-16]Status: DisposedITAT Chennai21 Aug 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 589/Chny/2024 िनधा"रणवष" / Assessment Year: 2015-16 The Deputy Commissioner Of M/S. Hyundai Motor India V. Income Tax, Limited, Non Corporate Circle -8(1), Plot No. H-1, Sipcot Chennai – 600 034. Industrial Park, Irungatukottai, Sriperumbudurtaluk, Kancheepuram District, Tamil Nadu – 602 117. [Pan: Aaach-2364-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S.P. Chidambaram, Advocate ""यथ"क"ओरसे/Respondent By : Shri. Nanda Kumar, Cit सुनवाई क" तार"ख/Date Of Hearing : 05.06.2024 घोषणा क" तार"ख/Date Of Pronouncement : 21.08.2024 आदेश /O R D E R

For Appellant: Shri. S.P. Chidambaram, AdvocateFor Respondent: Shri. Nanda Kumar, CIT
Section 115JSection 143(3)Section 14ASection 250Section 43BSection 92

account under ‘Other Operating Revenue’. The aforesaid incentive was treated as a revenue receipt in its statutory books and income tax return.During scrutiny assessment proceedings, the Assessee submitted an additional claim that the incentive in the form of Investment Promotion Subsidy (IPS) was received for the purpose of setting ... account under ‘Other Operating Revenue’. The aforesaid incentive was treated as a revenue receipt in its statutory books and income tax return.During scrutiny assessment proceedings, the Assessee submitted an additional claim that the incentive in the form of Investment Promotion Subsidy (IPS) was received for the purpose of setting

Hyundai Motor India Limited, Kancheepuram vs. DCIT Non Corp Circle 8(1), Chennai

In the result the appeal of the assessee is allowed

ITA 437/CHNY/2024[2014-15]Status: DisposedITAT Chennai21 Aug 2024AY 2014-15

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 437/Chny/2024 िनधा"रणवष" / Assessment Year: 2014-15 Deputy Commissioner Of Income M/S. Hyundai Motor India V. Tax, Limited, Non Corporate Circle – 8(1), Plot No. H-1, Sipcot Chennai – 600 034. Industrial Park, Irungatukottai, Sriperumbudurtaluk, Kancheepuram District, Tamil Nadu – 602 117. [Pan: Aaach-2364-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S.P. Chidambaram, Advocate ""यथ"क"ओरसे/Respondent By : Shrinilaybaransom, Cit सुनवाई क" तार"ख/Date Of Hearing : 06.08.2024 घोषणा क" तार"ख/Date Of Pronouncement : 21.08.2024

For Appellant: Shri. S.P. Chidambaram, AdvocateFor Respondent: ShriNilayBaranSom, CIT
Section 115JSection 143(3)Section 154Section 92

account under ‘Other Operating Revenue’. The aforesaid incentive was treated as a revenue receipt in its statutory books and income tax return.During scrutiny assessment proceedings, the Assessee submitted an additional claim that the incentive in the form of Investment Promotion Subsidy (IPS) was received for the purpose of setting ... account under ‘Other Operating Revenue’. The aforesaid incentive was treated as a revenue receipt in its statutory books and income tax return.During scrutiny assessment proceedings, the Assessee submitted an additional :-11-: ITA. No:437/Chny/2024 claim that the incentive in the form of Investment Promotion Subsidy (IPS) was received

Income Tax Officer, Ward-1(3), Ludhiana vs. Shree Balaji Processors, Ludhiana

In the result, appeal of the Revenue is dismissed whereas, the 29

ITA 499/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh20 Aug 2024AY 2017-18

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 499/Chd/2023 "नधा"रण वष" / Assessment Year : 2017-18 The Ito, Vs. Shree Balaji Processors, बनाम Ward-1(3), Tajpur Road, Ludhiana Opp. Central Jail, Ludhiana 141010 "थायी लेखा सं./Pan No: Actfs8428B अपीलाथ"/ Appellant ""यथ"/ Repsondent & C.O. No. 09/Chd/2024 ( In आयकर अपील सं./ Ita No. 499/Chd/2023) "नधा"रण वष" / Assessment Year : 2017-18 Shree Balaji Processors, Vs. The Ito, बनाम Tajpur Road, Ward-1(3), Opp. Central Jail, Ludhiana Ludhiana 141010 "थायी लेखा सं./Pan No: Actfs8428B अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 26.06.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20.08.2024

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 143(3)Section 145(3)Section 69A

taxmann.com 123 (Delhi), it was held by the Delhi High Court that "Where opening stock was accepted in scrutiny assessment, revenue could not treat sales made by assessee out of such opening stock as income from unexplained sources." 499-Chd-2023 & C.O.09-Chd-2024 Shree Balaji Processors, Ludhiana ... taxmann.com 123 (Delhi), it was held by the Delhi High Court that "Where opening stock was accepted in scrutiny assessment, revenue could not treat sales made by assessee out of such opening stock as income from unexplained sources." II. In the case of Pr. CIT Vs. Dilip Kumar Swami

E M C Projects Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 7(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1063/KOL/2024[2014-2015]Status: DisposedITAT Kolkata20 Aug 2024AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1063/Kol/2024 Assessment Year: 2014-2015 Emc Projects Pvt. Limited,………………..………Appellant 2, Robinson Street, Shakespeare Sarani, Kolkata-700017 [Pan:Aaace7218F] -Vs.- Deputy Commissioner Of Income Tax,………Respondent Circle-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Jitendra Kantilal Surti, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 12, 2024 Date Of Pronouncing The Order : August 20, 2024 O R D E R

Section 142(1)Section 143(2)Section 143(3)Section 263Section 263(1)

income on 15.12.2014 for A.Y. 2014-15 declaring total income of Rs.6,93,13,140/-. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) was issued on 04.09.2015. The ld. Assessing Officer has passed a scrutiny assessment under section ... assessee has offered rental income under the head “house property income’. The return of the assessee was selected for scrutiny assessment and this stand of the assessee was 7 EMC Projects Pvt. Limited accepted by the ld. Assessing Officer. Copy of the assessment order dated 16.03.2015 passed under section