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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

Shasank Sekhar Nayak, Bhubaneswar vs. Pr.CIT, Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 62/CTK/2023[2017-18]Status: DisposedITAT Cuttack10 Oct 2023AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.62/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Shasank Sekhar Nayak, Vs Pr.Cit-1, Bhubaneswar Keshari Bhawan, Bindusagar Road Old Town, Bhubaneswar-751002 Pan No. :Abyn 8766 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Nihar Ranjan Biswal, Ca राजस्व की ओर से /Revenue By : Shri Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 10/10/2023 घोषणा की तारीख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Bhubaneswar-1, Dated 31.12.2021, Passed In Din & Order No.Itba/Rev/F/Rev5/2021-22/1038327224(1), For The Assessment Year 2017-2018. 2. This Appeal Of The Assessee Is Barred By 370 Days. In This Regard, Ld. Ar Of The Assessee Has Filed An Application Along With Affidavit Of The Assessee For Condonation Of The Delay, To Which The Ld. Cit-Dr Has Not Raised Any Serious Objection To Condone The Delay. On Perusal Of The Application & The Affidavit Of The Assessee, We Found That The Delay Occurred Due To Bonafide Reasons. Accordingly, We Condone The Delay Of 370 Days In Filing The Appeal & Appeal Is Disposed Off Finally.

For Appellant: Shri Nihar Ranjan Biswal, CAFor Respondent: Shri Dr. Abani Kanta Nayak, CIT-DR
Section 143(3)Section 263

Shark Mines and Minerals Pvt. Ltd. passed in ITA No.128/CTK/2019, dated 18.08.2022. It was the submission that as the assessment was a limited scrutiny assessment and the issue as raised by the ld. Pr.CIT was beyond the scope of limited scrutiny, for which the assessment has been done, the order

Dilip Talakshi Vora, Mumbai vs. Principle Commissioner of Income Tax-20, Mumbai

In the result, the appeal of the assessee is allowed

ITA 1613/MUM/2023[2018-2019]Status: DisposedITAT Mumbai05 Oct 2023AY 2018-2019

Bench: Shri Amit Shukla & Shri Amarjit Singhdilip Talakshi Vora Vs. Principal Commissioner 3102, Spring Mills, Island Of Income Tax-20, City Centre, G.D. Room No. 418, 4 Th Floor, Ambekar Marg Near Piramal Chambers, Wadala Telephone Lal Baug, Parel, Exchange, Dadar (East) Mumbai - 400012 Mumbai – 400014 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabpv0804C Appellant .. Respondent [ Appellant By : Paresh Shaparia Respondent By : Riddhi Mishra Date Of Hearing 19.07.2023 Date Of Pronouncement 05.10.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Pr.Cit(A), Mumbai-20, Dated 24.03.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “I. Order Passed U/S 263 Is Bad In Law: 1. The Ld. Pr.Cit Erred On Facts & Circumstances Of The Case In Passing The Order U/S 263 Which Is Bad In Law. 2. The Ld Pr.Cit Erred In Passing The Order U/S 263 By Setting Aside Ao'S Order & Directing To Inquire Into The Claim Both In Terms Of Section 56(2)(X) & Section 43Ca Of The Income Tax Act, 1961. 3. The Ld Pr. Cit Erred In Treating The Order Passed By Ao. U/S 143(3) As Erroneous & Prejudicial To The Interest Of The Revenue In Relation To Purchase Of Property I.E Flat No. E-601 At Ambe Shraddha Kamothe In Panvel (Herein Referred As Said Flat) For Applicability Of Section 56(2)(X) & Section 43Ca Of The Income Tax Act, 1961

For Appellant: Paresh ShapariaFor Respondent: Riddhi Mishra
Section 143(3)Section 263Section 43CSection 56(2)Section 56(2)(vii)Section 56(2)(x)

brief is that return of income declaring total income of Rs.2,14,13,310/- was filed on 17.08.2018. The case was subject to scrutiny assessment. The assessment u/s 143(3) r.w.s 143(3A) and 143(3B) was finalised on 23.10.2023 accepting the income as per the return of income filed

ACIT(OSD), Ward-22(1), New Delhi vs. S.S. Gas Lab Asia P. Ltd., Delhi

In the result, cross objection of the assessee is allowed and appeal of the revenue is dismissed

ITA 3246/DEL/2019[2008-09]Status: DisposedITAT Delhi05 Oct 2023AY 2008-09

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaacit(Osd), Vs. S. S. Gas Lab Asia P. Ltd, Ward-22(1), A-6/3, Jhilmil Industrial Area, New Delhi Shahdara, Delhi (Appellant) (Respondent) Pan: Aakcs1928C Co No. 54/Del/2023 (In Ita No. 3246/Del/2019) (Assessment Year: 2008-09) Acit(Osd), Vs. S. S. Gas Lab Asia P. Ltd, Ward-22(1), A-6/3, Jhilmil Industrial Area, New Delhi Shahdara, Delhi (Appellant) (Respondent) Pan: Aakcs1928C Assessee By : Shri Sanjay Kumar Bindal, Ca Revenue By: Shri Anuj Garg, Sr. Dr Date Of Hearing 03/10/2023 Date Of Pronouncement 05/10/2023 O R D E R Per M. Balaganesh, A. M.: 1. The Appeal In Ita No. 3246/Del/2019 Filed By The Revenue & Co No. 54/Del/2023 387/Del/2021 Filed By The Assessee For Ay 2008-09, Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-8, New Delhi [Hereinafter Referred To As „Ld. Cit(A)‟, In Short] In Appeal No. 10208/16-17 Dated 08.02.2019 Against The Order Of Assessment Passed U/S 147/143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 09.03.2016 By The Assessing Officer, Ito, Ward-22(1), New Delhi (Hereinafter Referred To As „Ld. Ao‟).

For Appellant: Shri Sanjay Kumar Bindal, CAFor Respondent: Shri Anuj Garg, Sr. DR
Section 10BSection 139(1)Section 139(5)Section 143(3)Section 147Section 148

revised u/s 139(5) of the Act on 10.10.2009. The assessment was completed considering the revised return by the ld AO in the original scrutiny assessment proceedings u/s 143(3) of the Act on 02.02.2011 determining the total income of the assessee at Rs. 5,10,780/-. Later, this assessment