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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

Manoranjan Lenka, Balanga vs. PCIT-1, Bhubanewsar

In the result, appeal of the assessee is allowed

ITA 34/CTK/2022[2017-18]Status: DisposedITAT Cuttack20 Jul 2023AY 2017-18

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.34/Ctk/2022 (ननधाारण वषा / Assessment Year : 2017-2018) Manoranjan Lenka, Vs Pr.Cit-1, Bhubaneswar At/Po: Balanga, Dist : Puri, Odisha-752105 Pan No. :Addpl 7206 M (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Chitrasen Parida, Advocate राजस्व की ओर से /Revenue By : Shri Saroj Kumar Mahapatra, Pr.Cit-Dr सुनवाई की तारीख / Date Of Hearing : 20/07/2023 घोषणा की तारीख/Date Of Pronouncement : 20/07/2023 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 Itba/Rev/F/Rev5/ 2021-22/1038323205(1) For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Barred By 27 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Along With Affidavit Stating Sufficient Reasons For Delay Therein. Ld. Cit-Dr Did Not Object To Condone The Delay. In View Of The Above & Considering The Facts & Circumstances Of The Case, The Delay Of 27 Days In Filing The Present Appeal Is Condoned & The Appeal Is Heard Finally. 3. It Was The Submission By The Ld. Ar That The Original Assessment Came To Be Completed U/S.143(3) Of The Act On 13.08.2019 & It Was A Case Of Limited Scrutiny In Respect Of Large Cash Deposits In The Bank

For Appellant: Shri Chitrasen Parida, AdvocateFor Respondent: Shri Saroj Kumar Mahapatra, Pr.CIT-DR
Section 143(3)Section 263

facts of the present case clearly shows that the issue revolves around the excess of bank deposit of Rs.32,10,196/-. In the scrutiny assessment also, the AO has determined the excess of the bank deposit at Rs.32,10,196/-. How the amount of Rs.32

Shree Raj Foundation, Mum vs. DDIT (E)-I(2), Mum

In the result, the appeal of the assessee is allowed

ITA 18/MUM/2023[2009-10]Status: DisposedITAT Mumbai18 Jul 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.18/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Shree Raj Foundation बिधम/ Ddit(E)-1(2) 201, 2Nd Floor, Krishna [Now Ito (Exem), Ward- Vs. Kunj, Vl Mehta Rd, Jvpd 2(3), Mumbai] Scheme, Vile Parle (W), Income Tax Office, Mumbai-400056. Mtnl Building, Peddar Road, Mumbai-400026. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadts9658M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Paresh Shaparia Revenue By: Shri Anil Kumar Das (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/06/2023 घोषणा की तारीख /Date Of Pronouncement: 18/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Foundation Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, Delhi Dated 02.12.2022 For Assessment Year 2009-10. 2. At The Outset, The Ld. Ar Of The Assessee Has Challenged The Action Of The Ao Re-Opening The Assessment Of Ay 2009-10 U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Without Following The Binding Decision Of The Hon’Ble Supreme Court In The Case Of Gkn Driveshafts (India) Ltd. Vs. Ito (Sc) (259 Itr 19) & Jurisdictional High Court Decision In The Case Of Fomento Resorts Hotels Ltd Vs. Acit (238 Itr 38) (Bom) & Asian Paints Ltd. Vs. Dcit (2008) (296 Itr 90) (Bom). 3. The Facts Relevant To The Legal Issue Are That The Assessee Had Filed Its Return Of Income On 30.09.2009 Along With The Income & Expenditure Account, Balance-Sheet & Audit Report In Form No. 10B

For Appellant: Shri Paresh ShapariaFor Respondent: Shri Anil Kumar Das (Sr. AR)
Section 11Section 12ASection 143(3)Section 147Section 148

assessment order on 07.03.2014 computing the income of assessee at Rs.5,56,16,118/- in place of nil returned by assessee and accepted in scrutiny assessment dated 27.12.2011. 4. This action of the AO has been challenged by the assessee on the ground that AO has failed to follow ... enjoys certificate u/s 80G of the Act. The original return of income filed on 30.03.2009 declaring total income as nil has undergone scrutiny assessment u/s 143(3) of the Act on 27.12.2011 wherein the AO has accepted the income as returned by the assessee at nil. Subsequently the assessment

Suraj Air Flow Engineers, Mumbai vs. The Assistant Commissioner of Income Tax, Circle-22(3), Mumbai

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

ITA 1386/MUM/2023[2014-2015]Status: DisposedITAT Mumbai18 Jul 2023AY 2014-2015

Bench: Shri Aby T Varkey & Shri Amarjit Singhsuraj Air Flow Engineers Vs. The Acit, Circle 22(3) 4, Ground Floor, Room No. 322, 3 Rd Floor, Akashdeep, 1St Road, T.P. Piramal Chambers, S. Vi, Santacruz (W) Lalbaug, Mumbai – 400 054 Mumbai – 400 012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacfs4159E Appellant .. Respondent [ Appellant By : None Respondent By : Suresh D. Gaikwad Date Of Hearing 10.07.2023 Date Of Pronouncement 18.07.2023 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. Cit(A) Nfac, Dated 16.03.2023 For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “(A) Addition On Account Of Alleged Cash Credits- Rs.77,80,000/- 1. The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Cit(A)] Erred On Facts & In Law In Confirming The Addition Made By The Assistant Commissioner Of Income Tax, Circle - 22(3), Mumbai (Ao) Of Rs.77,80,000/- On Account Of Alleged Cash Credits By Holding That The Appellant Did Not File Application For Admitting The Additional Evidences By Providing Reasonable Cause To Admit The Same. 2. The Learned Cit(A) Erred On Facts & In Law In Not Invoking The Powers Vested In Him Under Section 250(4) While Not Considering The Additional Evidences Furnished By The Appellant.

For Appellant: NoneFor Respondent: Suresh D. Gaikwad
Section 133(6)Section 143(2)Section 143(3)Section 250(4)Section 68

fact in brief is that return of income declaring total income of Rs.34,48,220/- was filed on 26.11.2014. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 31.08.2015. During the course of assessment the AO noticed that assessee has obtained