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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

Vaibhav Singhal, Bangalore vs. ITO Ward 3(3)(5), Saharanpur

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

ITA 3585/DEL/2023[2018-19]Status: DisposedITAT Delhi29 May 2024AY 2018-19

Bench: Shri Shamim Yahya & Shri Sudhir Pareekvaibhav Singhal, Vs. Ito, Ward 3(3)(5), 102, Golden Paradise, Saharanpur. 2Nd Cross Street, Hennur Bande Bus Stop, Bangalore – 560 043 (Karnataka). (Pan : Dawps9391K) (Appellant) (Respondent) Assessee By : Shri S.P. Chitambram, Advocate Revenue By : Shri Amit Katoch, Sr. Dr Date Of Hearing : 07.05.2024 Date Of Order : 29.05.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 12.10.2023 For The Assessment Year 2018-19. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. The Appellants Objects To The Order Dated 12 October 2023 Under Section 250 Of The Income Tax Act, 1961 (‘Act’) Issued By The Commissioner Of Income- Tax (Appeals), National Faceless Appeal Centre (Nfac) For The Aforesaid Assessment Year On The Following Grounds: 2. Denial Or Claim Of Foreign Tax Credit U/S 90 Of The Act

For Appellant: Shri S.P. Chitambram, AdvocateFor Respondent: Shri Amit Katoch, Sr. DR
Section 139Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 234CSection 250Section 90

under the provisions of the Act. 2.6 The CIT (A) ought to have appreciated that intimation under section 143(1) gets statutorily merged with scrutiny assessment order under section 143(3) by operation of law and as such the mistake of non-grant of FTC in intimation now forms part ... parcel for the scrutiny assessment order and as such the CIT(A) is empowered to consider the same and grant relief. 3. Miscellaneous 3.1 The NFAC/CPC ought to have granted tile relief u/s 90 amounting to Rs.6,67,530 by considering the fact that Form 67 was filed along with