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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

ACIT- Circle-4(2)(1), Mumbai vs. First Advantage Private Limited, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1704/MUM/2023[2018-2019]Status: DisposedITAT Mumbai24 Jul 2023AY 2018-2019

Bench: Shri Amit Shukla & Shri Amarjit Singhacit, Circle 4(2)(1) Vs. First Advantage Private Room No. 640/642, 6Th Limited, First Floor, Floor, Aayakar Bhavan, Interface Building No.7, M.K. Road, Link Road, Malad (West) Mumbai – 40 Mumbai – 400064 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacq0706E Appellant .. Respondent [ Appellant By : Ms. Zeenia Handa Respondent By : Nitesh Joshi & Sunil Jhunjhunwala Date Of Hearing 19.07.2023 Date Of Pronouncement 24.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 14.03.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Citia) Erred In Deleting The Disallowance Made Under Section 37(1) Of The Act For An Amount Of Rs.2,01,96,568/- Incurred Towards Software License Expenses By Considering The Same As Revenue Expenditure. 2. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Considering The Expenses Incurred By The Assessee On Software License Fee As Revenue Expenditure Instead Of Capital Expenditure, Without Appreciating The Fact That It Is An "Intangible Asset. The Income-Tax Act Clearly Categorizes The "License" As An Intangible Assets For Claiming Depreciation U/S 32 Which Is Based On The Ordinary Meaning Of The Same."

For Appellant: Ms. Zeenia HandaFor Respondent: Nitesh Joshi &
Section 143(2)Section 32Section 37(1)

brief is that return of income declaring total income of Rs.14,16,44,730/- was filed on 30.11.2018. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 23.09.2019. During the course of assessment the assessing officer noticed that assessee claimed software

Tech Mahindra Business Services Ltd., Mumbai vs. The Assistant Commissioner of Income Tax, Circle-13(3)(2), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 1256/MUM/2022[2017-18]Status: DisposedITAT Mumbai24 Jul 2023AY 2017-18

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1256/मुं/ 2022 (िन.व.2017-18) Tech Mahindra Business Services Limited. Ground Floor, Spectrum Towers, Mindspace, Chincholi Bunder Link Road, Malad West, Mumbai – 400 064. Pan: Aabch-8136-L ...... अपीलाथ" /Appellant बनाम Vs. The Assistant Commissioner Of Income Tax, Circle – 13(3)(2), Room No.229, 2Nd Floor, Aaykar Bhavan, Mk Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D,Mistri, Sr. Advocate With Shri Harsh Kapadia, Advocate "ितवादी "ारा/Respondent By : Ms. Richa Gulati, Sr.Ar सुनवाई क" ितिथ/ Date Of Hearing : 28/04/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 24/07/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 30/03/2022, For The Assessment Year 2017-18. 2. The Assessee In Appeal Has Raised Solitary Ground Assailing Disallowance Made U/S. 14A Of Income Tax Act, 1961 (In Short ‘The Act’) R.W. Rule 8D Of The Income Tax Rules, 1962 (In Short ‘The Rules’) Amounting To Rs.80,08,567/-. The Assessee Vide Application Dated 13/09/2022 Has Raised An Additional Ground

For Appellant: Shri J.D,Mistri, Sr. Advocate with Shri Harsh Kapadia, AdvocateFor Respondent: Ms. Richa Gulati, Sr.AR
Section 14A

millions, whereas own funds of the assessee comprising of share capital and reserves and surplus are to the tune of Rs.3809 million. 7. During scrutiny assessment proceedings a query was raised by the Assessing Officer inter-alia on the issue of expenses debited to P&L Account for earning exempt

Ronit Capital Management Ltd., Mumbai vs. ITO 4 (2)(1), Mumbai

ITA 6679/MUM/2019[2012-13]Status: DisposedITAT Mumbai24 Jul 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.6679/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Ronit Capital बिधम/ Ito-4(2)(1) Management Ltd. 644, Aayakar Bhavan, M. Vs. 233, Shreeji Industrial K. Road, Mumbai- Estate, Subhash Road, 400020. Jogeshwari (E)-400060. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaach9239D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharmesh Shah/Ms. Mitali Gopani Revenue By: Smt Riddhi Mishra (Dr) सुनवाई की तारीख / Date Of Hearing: 30/05/2023 घोषणा की तारीख /Date Of Pronouncement: 24/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Cit(A)-9, Mumbai Dated 23.08.2019 For Ay. 2012-13 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition To The Tune Of Rs.10,43,77,000/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”). 3. Brief Facts Are That The Assessee Had Filed Return Of Income On 30.09.2012 Declaring Total Income To The Tune Of Rs.70,768/-. Later, The Case Of The Assessee Was Selected For Scrutiny. The Ao Noted That The Assessee Had Only Partly Complied With The Notice Issued By Him On 30.01.2015 & Therefore In View Of The Non-Compliance, He Framed Best Judgment Assessment U/S 144 Of The Act, Making Several Additions Totalling Rs 68.83 Crores, Which Are As Under: -

For Appellant: Shri Dharmesh Shah/Ms. MitaliFor Respondent: Smt Riddhi Mishra (DR)
Section 133(6)Section 144Section 68

refer to the above, 2.(i)………….. 3. Addition on account of Share Application Money- Rs11,50,00,000/- 3.(i) During the course of scrutiny assessment proceedings, an addition of Rs.11,50,00,000/- was made on account of Share Application Money. 3(ii) During the course of remand proceedings