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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

Huhtamaki India Limited, Mumbai vs. Principal Commissioner of Income-Tax - 6, Mumbai

ITA 2668/MUM/2024[AY 2018-19]Status: DisposedITAT Mumbai29 Jul 2024

Bench: Shriamarjit Singh & Shri Anikesh Banerjeeι.Τ.Α No.2668/Mum/2024 (Assessment Year : 2018-19) Huhtamaki India Limited A-802, Cresenzo, C-38/39 G Block, Brandra Kurla Complex Bandra (East), Mumbai Pan: Aaact0086E Appellant Vs Principal Commissioner Of Income- Tax-6, Mumbai 5Th Floor, Aayakar Bhavan, Mahrishi Karve Road, Mumbai-400 020 Respondent Assessee By : Shri Nikhil Tiwari Respondent By : Shrisolgy Jose T. Kottaram(Cit Dr) Date Of Hearing : 22/07/2024 Date Of Pronouncement : 29/07/2024 Order Per Anikesh Banerjee, J.M: Instant Appeal Of The Assessee Is Preferred Against The Order Of Thelearned Principal Commissioner Of Income-Tax, Mumbai-6 (For Brevity, ‘Ld.Pcit') Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act'), For Assessment Year 2018-19, Date Of Order21.03.2024.The Impugned Order Was Emanated From The Order Of The National E-Assessment Centre, Delhi, (In Short, ‘The A.O.') Passed Under Section 143(3)Read With Section 144B Of The Act, Date Of Order19/04/2021. 2. The Assessee Has Taken Following Grounds Of Appeal:-

For Appellant: Shri Nikhil TiwariFor Respondent: ShriSolgy Jose T. Kottaram(CIT DR)
Section 143(3)Section 144BSection 250Section 263

reasons for selected scrutiny under the e-Assessment Scheme, 2019”. The relevant paragraph is reproduced as below:- “1. The case was selected for Complete Scrutiny assessment under the E- assessment Scheme, 2019 on 'the following issues:- S. No. Issues i. Claim of Any Other Amount Allowable as Deduction in Schedule

Shri Ramesh Venkataswamy, Ranipet vs. ITO, Ward-1, Vellore

In the result the appeal of the assessee is allowed

ITA 1068/CHNY/2024[2020-21]Status: DisposedITAT Chennai26 Jul 2024AY 2020-21

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1068/Chny/2024 िनधा"रण वष" / Assessment Year: 2020-21 Ramesh Venkataswamy, Income Tax Officer, 89, Jangalapalli, Senur B.O., V. Ward -1, Vellore – 632 006. Vellore. [Pan: Aadpr-0974-P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. T. Vasudevan, Advocate ""यथ" क" ओर से/Respondent By : Shri. Aroon Prasad, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 24.07.2024 घोषणा की तारीख/Date Of Pronouncement : 26.07.2024 आदेश /O R D E R

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Aroon Prasad, Addl. CIT
Section 143(3)Section 80C

under the misguidance of the tax consultant and consider the original return filed as return of income for the purpose of proceeding with the scrutiny assessment. However, the AO was not convinced with the reply of the assessee and made an addition of Rs.12,27,000/- to the total income ... 1068/Chny/2024 9. We have heard both the parties, perused the materials available on record and gone through orders of the authorities below. The scrutiny assessment of the assessee for the AY 2020-21 was carried out by the AO and framed the assessment considering the revised return filed

ACIT, Central Circle - 3 (3), Chennai vs. M/S Land Marvel Homes, Chennai

In the result, appeal filed by the Revenue is allowed

ITA 1055/CHNY/2022[2012-2013]Status: DisposedITAT Chennai26 Jul 2024AY 2012-2013

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1055/Chny/2022 िनधा"रणवष" / Assessment Year: 2012-13 M/S. Land Marvel Homes, The Acit, V. 45-47, Old No. 22-23, Central Circle -3(3), 3Rd Floor, 1St Main Road, Chennai. Gandhi Nagar, Adyar, Chennai – 600 020. [Pan:Aabfl-4387-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. V. Nandakumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. T. Banusekar, Advocate & Shri. Yeshwanth Kumar, Ca सुनवाई क" तारीख/Date Of Hearing : 06.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.07.2024 आदेश /O R D E R

For Appellant: Shri. V. Nandakumar, CITFor Respondent: Shri. T. Banusekar, Advocate &
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

Ld.DR assailing the action of the Ld.CIT(A) submitted that after a survey was conducted in the premise of the assessee on 07.08.2013, scrutiny assessment u/s.143(3) of the Act was passed on 30.03.2015 accepting the return of income. Thereafter the AO, noted that there was a difference ... conduct the proceedings under scrutiny. What is sought to be done by the re-assessment ought to have been achieved by scrutiny assessment proceedings. Having missed the bus earlier, the Department cannot be permitted to avail of the extended time limit in the absence of any new or tangible material

ITO-19(2)(4), Mumbai vs. Priti Bharat Parekh, Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 447/MUM/2024[2014-15]Status: DisposedITAT Mumbai26 Jul 2024AY 2014-15

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary, Ito-19(2)(4) Vs. Priti Bharat Parekh 507, 5Th Floor, Piramal 6C Landsend Chs 29 D Chambers, Parel, Dongersey Road, Mumbai – 400 012 Malabar Hill Maharashtra – 400006 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaepp1784C Appellant .. Respondent Appellant By : B.V. Jhaveri & Ms. Bhargavi Raval Respondent By : H.M. Bhatt Date Of Hearing 14.05.2024 Date Of Pronouncement 26.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Revenue Is Directed Against The Order Of Ld. Cit(Nfac) Of The Income Tax Act, 1961 For A.Y. 2014-15. The Revenue Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Is Right In Quashing The Reopening By The Ao With The Opinion That The Reopening Is Without Jurisdiction & Bad In Law Without Appreciating That The Facts On Which The Reopening Was Done Are Not Available By The Ao At The Time Of Original Assessment 2. Whether On The Facts & Circumstances Of The Case & In Law, Ld. Cit (A) Is Right In Deleting The Addition Made On Account Of Penny Stock Transaction Without Appreciating The Facts That During The Course Of Investigation, It Was Found That The Scrips In Which The Assessee Traded Is Penny Stock Used For Providing Accommodation Entry Only In Form Of Bogus Ltcg & Stcg & Shared With The Jurisdiction Ao In The Fy 2020-21. 3. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Is Right In Deleting The Addition Made On Account Of Penny Stock Transaction Without Appreciating The Facts That The Assessee Has Entered

For Appellant: B.V. Jhaveri &For Respondent: H.M. Bhatt
Section 143(2)Section 143(3)Section 147Section 148

that in this case return of income declaring total income at Rs.8,61,010/- was filed on 12.08.2010. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 29.07.2016. The assessment order u/s 143(3) of the Act was passed