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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

Anil Kumar HUF, Delhi vs. ITO Ward 49(4), Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1649/DEL/2024[2017-18]Status: DisposedITAT Delhi18 Jul 2024AY 2017-18

Bench: Shri Shamim Yahyaanil Kumar Huf, Vs. Ito, Ward 49 (4), B-17/4, Ramesh Nagar, Delhi. Delhi – 110 015. (Pan : Aafha2224P) (Appellant) (Respondent) Assessee By : Shri S.L. Deepak, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 11.07.2024 Date Of Order : 18.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 12.12.2023 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. It Is Contended That The Assessing Officer Has Erred In Making The Addition Of Rs.13,98,500/- As Unexplained Cash Deposits During The Demonetization Period. 2. It Is Contended That The Two Cash Deposits On 10.11.2016 & 11.11.2016 Aggregating To Rs.13,98,500/- Were Made In Axis Bank Account Number 912020020658201 Of Ravi Dev Enterprises A Sole Proprietary Of Anil Kumar Individual Who Is A Separate Taxable Entity.

For Appellant: Shri S.L. Deepak, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 69A

Ravi Devi Enterprises and the proprietor of the same is Anil Kumar, individual. Whatever error has crept into the bank account leading to scrutiny assessment and the addition are based on a wrong fact about the real identity of the bank accountholder. 5. In the light of the aforesaid

M/S. Checkmate Services Pvt. Ltd., Vadodara vs. The ADIT, CPC, Bangalore Present Juridiction the Dy. CIT, Circle-1(1)(1), Vadodara

In the result, appeal preferred by the assessee is dismissed

ITA 69/AHD/2023[2019-20]Status: DisposedITAT Ahmedabad16 Jul 2024AY 2019-20

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 69/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2019-20) िनधा"रण वष" िनधा"रण वष" M/S. Checkmate Adit, Cpc, बनाम बनाम/ बनाम बनाम Services Pvt. Ltd. Bangalore Vs. G.F 6-9, Amaan Tower & Suvas Colony, Fatehgunj, Dy.Cit Vadodara, Gujarat, Circle-1(1)(1), Vadodara 390002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc8465A (Appellant) .. (Respondent) Shri M. R. Sahu, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Dr. Darsi Suman Ratnam, Cit. Dr 12/07/2024 Date Of Hearing Date Of Pronouncement 16/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 08.12.2022 For The Assessment Year 2019-20. 2. The Brief Facts Of The Case Are That Assessee Had Filed Its Return Of Income For A.Y. 2019-20 On 30.09.2019 Declaring Total

For Respondent: Dr. Darsi Suman Ratnam, CIT. DR
Section 143(1)Section 143(1)(a)

serious objection. The only objection of the assessee is that the decision of the Apex Court was applicable only in the case of scrutiny assessment and that no adjustment can be made on the basis of this decision while processing the return of income under Section ... Supreme Court in the case of Checkmate Services Private Limited (supra) is declaration of law which is applicable to all proceedings whether it is scrutiny assessment under Section 143(3) of the Act or the proceeding of processing under Section 143(1) of the Act. The ratio decidendi laid down

DCIT, Circle-2(1)(1), Ahmedabad vs. Elitecore Technologies Private Limited, Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1728/AHD/2019[2011-12]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.1728/Ahd/2019 "नधा"रण वष" /Assessment Year : 2011-12 The Dy.Cit Elitecore Technologies Pvt.Ltd. Circle-2(1)(1) बनाम/ (Now Merged With Sterlite Ahmedabad Technolgies Limited) V/S. 904, Silicon Tower, B/H. Pariseema Building Off. C.G. Road Ahmedabad, Gujarat-380 009 "थायी लेखा सं./Pan: Aaace 6815G (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 27/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 12/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Revenue As Against The Order Passed By The Ld.Commissioner Of Income-Tax(Appeals)-10, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”], Dated 04/09/2019, Arising Out Of The Assessment Order Passed By The Assessing Officer (Ao) Under Section 143(3) Dcit Vs. Elitecore Technologies Pvt.Ltd. Asst. Year : 2011-12

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(2)Section 143(3)Section 195Section 250Section 40Section 92C

29th November 2011 declaring total income of Rs.18,70,45,719/- under the normal provisions of the Act. Thereafter, the return was selected for scrutiny assessment and notice under section 143(2) of the Act was issued. In response to the said notice, the Assessee submitted various details, explanations

The Dy. Commissioner of Income Tax, Circle-2(1)(2), Ahmedabad vs. M/S. Mundra Finvest Gujarat Ltd., Ahmedabad

In the result, appeal preferred by the Revenue is allowed for statistical purposes

ITA 1844/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2012-13

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1844/Ahd/2016 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2012-13) िनधा"रण वष" Dy. Commissioner Of M/S. Mudra Finvest बनाम बनाम/ बनाम बनाम Income Tax Gujarat Limited Vs. Circle-2(1)(2), Ahmedabad 10B, Sumatinagar Society, Nr. Sindhi School, Usmanpura, Ahmedabad, Gujarat 380013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcm0526H (Appellant) .. (Respondent) Ms. Saumya Pandey Jain, Cit. Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Astha Maniar, A.R. 27/06/2024 Date Of Hearing Date Of Pronouncement 12/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals)-2, Ahmedabad, (In Short The ‘Cit(A)’) Dated 29.04.2016 For The A.Y. 2012-13. 2. The Appeal Of The Revenue Was Decided By This Tribunal In Ita No. 1844/Ahd/2016 Dated 09.11.2022 Whereby The Appeal Of

For Respondent: Ms. Astha Maniar, A.R

that the Department had allowed the commission expenses paid to the same six parties in the subsequent year A.Y. 2013-14 while completing the scrutiny assessment for that year. Thus the matter was verified and claim of the assessee was accepted by the Department. As the nature of service rendered