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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

Cooperative Cane Deve. Union, Ltd., Haridwar vs. ITO, W- 1(3)(1), Haridwar

In the result, appeal of the assessee is partly allowed

ITA 158/DDN/2024[2019-20]Status: DisposedITAT Dehradun16 Jan 2026AY 2019-20

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year: 2019-20] Co-Operative Cane Development Vs Ito Union Limited, Jawalapur, Ward-1(3)(1) Vill. & P.O. Jawalapur, Distt.- Haridwar Haridwar, Uttarakhand-249407 Uttarakhand Pan-Aaaic0152B Appellant Respondent Assessee By None Revenue By Shri Amar Pal Singh, Jcit Dr Date Of Hearing 13.11.2025 Date Of Pronouncement 16.01.2026 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Dated 26.07.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2018-19/10076885 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Intimation Order Dated 02.12.2020 Passed U/S 143(1) Of The Act Pertaining To Assessment Year 2019-20. 2. At The Time Of Hearing, Assessee Filed The Letter & Stated That The Written Submission Made Be Considered. Therefore, Ld. Sr. Dr Was Heard & Proceeded To Decide The Appeal Filed By The Assessee On The Basis Of Material Available On Record. 3. Brief Facts Of The Case Are That Assessee Is A Co-Operative Society Constituted By The State Government, Engaged In The Business Of Providing Credit Facilities To Its Members Who Are Agriculturists & Cane Growers Also, Marketing Of Agricultural Products & Purchase Of Agricultural Implements & Other Products Like Fertilizers, Insecticides Etc. Assessee Filed Its Return Of Income On 29.08.2019, Declaring Total Income At Nil & Claimed Deduction U/S 80P Of Inr 1,04,54,668/-. Thereafter, The Return Of Income Was Processed U/S 143(1), Assessed Total Income At Inr 1,04,54,668/- Where Deduction U/S 80P Was Not Provided To The Assessee Society.

Section 143(1)Section 143(1)(a)Section 143(3)Section 250Section 80P

order u/s 143(1) passed for the AY 2017-18, and the disclosed total income at Rs. NII have been fully accepted in the scrutiny assessment order dt. 02.05.2019 u/s 143(-1, a copy of which is enclosed as annex. 3 to 4 herewith. It is also important to mention ... also important to mention here that the return for this AY 2020-21 has also been scrutinized u/s 143(2) and in the scrutiny assessment order passed on 01.09.2022 u/s 143(3), a copy of which is enclosed as annex. 5 to 17 herewith, the deduction u/s 80P, which

DCIT, Circle-7(1), Delhi vs. Dev Rubber Factory Private Limited, Delhi

In the result, appeal of the Revenue is partly allowed

ITA 3478/DEL/2024[2017-18]Status: DisposedITAT Delhi16 Jan 2026AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2017-18] Dcit Vs Dev Rubber Factory Pvt. Ltd. Circle-7(1) 15A/13, Upper Ground Floor, Delhi East Patel Nagar, New Delhi-110008. Pan-Aafcm1581L Appellant Respondent Revenue By Shri Rajesh Kumar Dhanesta, Sr. Dr Assessee By Shri Ankit Gupta, Adv. Date Of Hearing 12.01.2026 Date Of Pronouncement 16.01.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Revenue Against The Order Dated 30.05.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit (A), Delhi- 3/10359/2019-20 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 22.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Company Was Engaged In The Business Of Manufacturing Tubes For Automobile Tyres & E-Filed Its Return Of Income On 28.10.2017 Declaring Income At Inr 77,50,730/-. The Case Was Selected For Scrutiny Assessment Through Cass & Notice U/S 143(2) Was Issued On 10.08.2018. Thereafter Statutory Notice U/S 142(1) Alongwith Questionnaire Were Issued On Various Dates From Time To Time & In Response, The Assessee Has Submitted Its Replies. After Considering The Submissions Filed, Assessment Order Was Passed At An Income Of Inr 3,95,31,243/- Vide Order Dated 22.12.2019 U/S 143(3) Of The Act By Making Following Additions:- (I) Bogus Share Capital U/S 68 Inr 53,50,000/- (Ii) Addition On Account Of Rate & Taxes Inr 9,56,145/- (Iii) Addition Of Bogus Freight & Forwarding Expenses & Business Expenses Inr 59,25,588/- (Iv) Addition Of Vehicle Maintenance Expenses & Business Expenses Inr 81,89,820/-

Section 142(1)Section 143(2)Section 143(3)Section 250Section 41Section 41(1)Section 68

automobile tyres and e-filed its return of income on 28.10.2017 declaring income at INR 77,50,730/-. The case was selected for scrutiny assessment through CASS and notice u/s 143(2) was issued on 10.08.2018. Thereafter statutory notice u/s 142(1) alongwith questionnaire were issued on various dates from

Prem Singh, Chamba vs. ACIT Circle Palampur, Palampur

In the result, the appeal for AY 2017-18 stands partly allowed

ITA 947/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh15 Jan 2026AY 2017-18

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No. 946/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2015-16) & 2. आयकर अपील सं. / Ita No. 947/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2017-18) Shri Prem Singh Dcit Circle, Palampur बनाम/ The Palace. Chamba Himachal Pradesh - 176061 Vs. Himachal Pradesh – 176310 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aampr-8876-P (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Ajay Jain (Ca) – Ld. Ar Revenue By : Shri Bharat Bhushan Garg (Cit) (Virtual) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 13-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 13-01-2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Assessee Is In Further Appeals Before Us For Assessment Years (Ay) 2015-16 & 2017-18 Which Arises Out Of Separate Orders Of Learned First Appellate Authority. First, We Take Up Appeal For Assessment Year (Ay) 2015-16 Which Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 22-07-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) Of The Act On 29-12-2017. The Assessee Is Aggrieved By Computation Of Capital

For Appellant: Shri Ajay Jain (CA) – Ld. ARFor Respondent: Shri Bharat Bhushan Garg (CIT) (Virtual) - Ld. DR
Section 143(3)Section 48Section 54Section 54F

disposed-off as under. Assessment Proceedings 3.1 The assessee filed his return of income declaring income of Rs.327.15 Lacs which was subjected to scrutiny assessment proceedings. During the course of assessment proceedings, it transpired that the assessee owned 19 Acres 2 Guntas of certain land bearing survey nos. 69/1, 69/2

Mange Ram, Gurugram vs. Pr. Commissioner of Income Tax, Faridabad

In the result, appeal of the assessee is allowed

ITA 710/DEL/2024[2017-18]Status: DisposedITAT Delhi15 Jan 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shuklaassessment Year: 2017-18 Sh. Mange Ram, Vs. Pr. Commissioner Of Income H. No. 261, Main Pataudi Tax, Faridabad, Road, Near Hanuman Temple, Village Garoli Khurd, P.O.- Basai, Gurugram, Haryana Pan: Amwpr7462B (Appellant) (Respondent) Assessee By Sh. Suraj Bhan Nian, Adv., Sh. Mahfuzur Rahman, Ca Department By Ms. Amish S. Gupt, Cit(Dr) Date Of Hearing 15.01.2026 Date Of Pronouncement 15.01.2026 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2017-18, Arises Against The Principal Commissioner Of Income Tax [In Short, The “Pcit”], Faridabad’S Order Dated 04.12.2023 Having Din & Order No. Itba/Rev/F/Rev5/2023-24/1058449758(1), Involving Proceedings Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Herd Both The Parties. Case File Perused. 2. It Emerges During The Course Of Hearing That The Sole Substantive Issue Between The Parties Is That Of Correctness Of The Learned Lower Authorities’ Action Assessing The Assessee’S Interest Component Of Land Acquisition Compensation U/S 28 Of The Land Acquisition Act, 1894, While Invoking Section 57(Iv) R.W.S. 56(1)(A) R.W.S. 145A(B) Of The Act. 3. Learned Sr. Dr Representing The Department Vehemently Argued That The Instant Issue Is No More Res Integra In Light Of Mahender Pal Narang Vs. Cbdt (2020) 423 Itr 13 (P&H) As Well As Pcit Vs. Inderjit Singh Sodhi Huf (2024) 161 Taxmann.Com 301 (Del.) Wherein The Department Has Succeeded Before Their Lordships That The Impugned Interest Component Ought To Be Assessed As Income From “Other” Sources Only. 4. We Have Given Our Thoughtful Consideration To The Assessee’S Pleadings & Revenue’S Foregoing Vehement Contention. It Emerges That This Tribunal’S Recent Decision

Section 10(37)Section 142(1)Section 143Section 143(1)(a)Section 143(2)Section 143(3)Section 147Section 263Section 28Section 56(2)(viii)

declaring income of Rs. 6,35,470/-. His return was processed under section 143(1)(a) on 28.06.2019. His case was selected for complete scrutiny assessment under the e-assessment Scheme, 2019 on two issues, namely refund claim and winning from Lottery/crossword puzzle/horse races. The Ld. Assessing Officer ("AO") served

Man Mohan Goenka, Kolkata vs. I.T.O., Ward - 43(1), Kolkata

ITA 2111/KOL/2025[2017-2018]Status: DisposedITAT Kolkata14 Jan 2026AY 2017-2018

Bench: Shri George Mathanआयकर अपील सं/Ita No.2111/Kol/2025 (निर्धारण वर्ष / Assessment Year :2017-2018) Man Mohan Goenka, 5A, Divine Bliss, 2/3, Judges Court Rd Alipore, West Bengal-700027 Pan No. :Admpg 2616 В (अपीलार्थी /Appellant) Vs Ito Ward-43(1), Kolkata निर्धारिती की ओर से /Assessee By : Shri Sunil Surana, Ar (प्रत्यर्थी / Respondent) राजस्व की ओर से /Revenue By : Smt. Sima Das Biswas, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 14/01/2026 घोषणा की तारीख/Date Of Pronouncement : 14/01/2026 आदेश / Order This Is An Appeal Filed By The Revenue Against The Order Dated 25.08.2025 By The Id. Addl/Jcit(A)-3, Chennai For The Assessment Year 2017-2018. 2. It Was Submitted By The Id. Ar That The Notice Issued U/S.143(2) Of The Act In The Case Of The Assessee On 10.08.2018 Is Not Valid In Line With The Instruction Issued By The Cbdt In Instruction F No. 225/157/2017/Ita-Ii Dated 23.06.2017. Copy Of The Notice Issued U/S.143(2) Of The Act Dated 23.09.2019 Is Reproduced As Below :- भारत सरकार / Government Of India वित्त मंत्रालय / Ministry Of Finance आयकर विभाग / Income Tax Department Office Of The Income Tax Officer Ward 43(3), Kolkata

For Appellant: Shri Sunil Surana, ARFor Respondent: Smt. Sima Das Biswas, Sr. DR
Section 143(2)

आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH KOLKATA श्री जार्ज माथन