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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

Mahapalika Kshetra Madhyamik Shikshak Sahakari Pat Sanstha Maryadit (Co-Operative Credit Society), Mumbai vs. ITO Ward 22 (2) (1), Mumbai

In the result the appeal of the assesse is allowed

ITA 3810/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhmahapalika Kshetra Vs. Ito Ward 22(2)(1) Madhyamik Shikshak Piramal Chambers, Sahakari Pat Sanstha Mumbai - 400012 Maryadit (Co-Operative Credit Society) 201/202 Anish Tower, Senapati Bapat Marg Matunga (West)- 400016 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaaam1865G Appellant .. Respondent Appellant By : Amit Bharadiya Respondent By : S. Arunkumar Date Of Hearing 29.02.2024 Date Of Pronouncement 06.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 25.08.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. The Action Of The Learned Cit (A) In Disallowing The Deduction U/S 80P(2) (A) (I) Of Rs. 41,55,200 As Claimed By The Appellant Is Erroneous & Bad In Law. 2. The Action Of The Learned Cit (A) Of Assessing The Income From Interest On Fixed Deposit & Dividend Income Of Rs. 41,55,200 U/S 80 P (2) (D) Instead Of Section 80 P (2) (A) (I) Is Erroneous & Bad In Law. 3. The Action Of The Learned Cit (A) By Not Considering The Itat, Mumbai Order Already Decided In Favour Of The Appellant In A.Y.2014-15 On The Same Matter Is Erroneous & Bad In Law.

For Appellant: Amit BharadiyaFor Respondent: S. Arunkumar
Section 143(2)Section 80Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

Fact in brief is that return of income declaring total income of Rs. Nil was filed on 22.09.2018. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 23.09.2019. The assessee is a cooperative credit society and during the year under consideration

Chhotelal Gangaprasad Dubey, Mumbai vs. ACIT-24(1), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 3728/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhchhotelal Gangaprasad Vs. Acit 24(1) Dubey, 1005, Blue 6Th Floor, Piramal Mountain, Shastri Nagar, Chambers, Lalgaug, Andheri West, Mumbai – 400013 Mumbai – 400 058 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaepd9496P Appellant .. Respondent Appellant By : Aditya Maheshwari Respondent By : S. Arunkumar Date Of Hearing 28.02.2024 Date Of Pronouncement 06.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 30.08.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “That On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Action Of Income Tax Officer Of Adopting Deemed Rent Of Let Out Property At Rs.10,23,000 Without Considering The Facts That Property Was Not Lying Vacant. Due To Acute Financial Problem At The End Of Tenant, Rent Could Not Be Recovered. More Over The Tenant Has Also Not Claimed Any Expenses On Account Of Rent For The Same. That On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Actions Of Income Tax Officer Without Considering Written Submissions & Details Filed By The Ar Of Assessee On 24Th November 2022.” 2. Fact In Brief Is That Return Of Income Declaring Total Income Of Rs.10,50,770/- Was Filed On 27.10.2018. The Revised Return Of Income

For Appellant: Aditya MaheshwariFor Respondent: S. Arunkumar
Section 143(2)Section 23Section 23(1)Section 23(4)Section 23(4)(C)

return of income P a g e | 2 Chhotelal Gangaprasad Dubey Vs. ACIT-24(1) was filed on 29.03.2020. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 28.09.2019. After perusing the submission filed by the assessee during the course

DCIT, CC-2(2), Mumbai vs. M/S. Esskay Niryat Corporation Pvt. Ltd., Kutch

In the result, the appeals filed by the revenue stands dismissed

ITA 1909/MUM/2023[2020-21]Status: DisposedITAT Mumbai06 Mar 2024AY 2020-21

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकरअपीलसं/I.T.A. No. 1905 To 1910/Mum/2023 (निर्धारणवर्ा / Assessment Years: 2016-17 To 2021-22) बिधम / Dcit, Central Circle – 2(2) M/S Esskay Niryat Corp Old Cgo Bldg, 806, 8Th Pvt Ltd., Vs. Floor, Mk Road, Mumbai – Unit No. 101, 201 & 106, 400020. 206 Yamuna Sdf Complex, Phase Ii, Kasez Ghandhidham, Kutch, Gujrat – 370230 स्थधयीलेखधसं/.जीआइआरसं/.Pan/Gir No. : Aaffe2263G (अपीलार्थी (प्रत्यर्थी / Appellant) .. / Respondent) Assessee By: Shri Rajiv Khandelwal A/W Shri Gagan Khandelwal Revenue By: Shri Biswanath Das, Cit –Dr & Shri P.D. Chougule सुनवाईकीतारीख / Date Of Hearing: 07/02/2024 घोषणाकीतारीख /Date Of Pronouncement: 06/03/2024

For Appellant: Shri Rajiv Khandelwal a/w Shri GaganFor Respondent: Shri Biswanath Das, CIT –DR &
Section 10ASection 132Section 142(1)Section 143(3)Section 153A

Esskay Niryat corporation Pvt Ltd income-tax assessment under section (hereinafter referred to as “u/s.”) u/s 143(3) of the Act (scrutiny assessment) for AY 2016-17 stood already completed on 25-12-2018 i.e. (two years and one month before the search). Accordingly, the assessment ... stated, the income tax scrutiny assessment u/s 143(3) of the Act for AY 2016- 17 was completed on 25.12.2018 wherein the AO after due enquiry has accepted the deduction claimed by the assessee u/s 10AA of the Act. Then, after the search conducted on 08.02.2021, the assessee filed