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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

DCIT CC- 29, New Delhi vs. Surya Kiran Finance Corporation, New Delhi

The appeal of the revenue is dismissed

ITA 631/DEL/2021[2017-18]Status: DisposedITAT Delhi19 Jun 2023AY 2017-18

Bench: Sh. Saktijit Dey & Sh. N. K. Billaiyaassessment Year: 2017-18 Dcit M/S. Surya Kiran Finance Central Circle-29 Vs Corporation New Delhi 43/1, Rajpur Road, Civil Lines, Delhi-110054 Pan No.Abgfs7841A (Appellant) (Respondent) Appellant By Sh. Vivek Vardhan, Sr. Dr Respondent By Sh. T. M. Shivakumar, Advocate Date Of Hearing: 14/06/2023 Date Of Pronouncement: /06/2023 Order Per N. K. Billaiya, Am: This Appeal By The Revenue Is Preferred Against The Order Of The Cit(A)-30, New Delhi Dated 05.02.2021 Pertaining To A.Y.2017-18. 2. The Only Grievance Of The Revenue Is That The Cit(A) Erred In Deleting The Disallowance Of Rs.15695780/- . 3. Briefly Stated The Facts Of The Case Are That During The Course Of The Scrutiny Assessment Proceedings The Ao Noticed That The Assessee Has Repaid Loans Amounting Rs.15695780/-. The Ao Was Of The Opinion That These Companies Are Bogus Companies Of Different Entry Operators & Was Further Of The Opinion That The Repayment Of Loan Is Also Bogus & There Is A Cessation Of Liability U/S. 41 (1) Of The Act & Went On To Make The Addition Of Rs.15695780/-. 4. Assessee Agitated The Matter Before The Cit(A) & Vehemently Contended That The Loans Taken In Earlier Year Were Repaid By The Assessee, Therefore, There Is No Question Of Cessation Of Liability & Infact The Assessee Has Discharged The Loan Liability. After Considering The Facts & The Submission The Cit(A) Observed As Under :-

Section 41Section 41(1)

erred in deleting the disallowance of Rs.15695780/- . 3. Briefly stated the facts of the case are that during the course of the scrutiny assessment proceedings the AO noticed that the assessee has repaid loans amounting Rs.15695780/-. The AO was of the opinion that these companies are bogus companies of different

ACIT, Circle- 27(1), New Delhi vs. U K Paints India Pvt. Ltd., New Delhi

In the result, appeal of Revenue for A

ITA 764/DEL/2018[2014-15]Status: DisposedITAT Delhi16 Jun 2023AY 2014-15

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaacit Vs. M/S. U. K. Paints (India) Pvt. Central Circle – 10 Ltd., 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi - 48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Co No. 244/Del/2013 (Arising Out Of Ita No.4115/Del/2013) (For Assessment Year : 2008-09) M/S. U. K. Paints (India) Vs. Acit Pvt. Ltd., 19, Dda Central Circle – 10 Commercial Complex, New Delhi Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Acit Vs. U. K. Paints (India) Pvt. Ltd. Circle – 27(1) 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent)

Section 143(3)Section 14ASection 80I

lower rates as compared to the rates charged from unrelated customers and on identical facts the deduction have been allowed in earlier year in scrutiny assessment. He, therefore, held that AO had wrongly denied the claim of deduction. He accordingly set aside the order of AO. Aggrieved by the order ... lower authorities and further submitted that assessee has claimed deduction u/s 80IB of the Act in A.Y. 2007-08 and it was allowed in scrutiny assessment. It was further submitted that assessee was maintaining separate books of accounts for Jammu 23 Unit and the same have been audited and only

ACIT, New Delhi vs. M/S U.K. Paints (India) Pvt. Ltd., New Delhi

In the result, appeal of Revenue for A

ITA 4115/DEL/2013[2008-09]Status: DisposedITAT Delhi16 Jun 2023AY 2008-09

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaacit Vs. M/S. U. K. Paints (India) Pvt. Central Circle – 10 Ltd., 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi - 48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Co No. 244/Del/2013 (Arising Out Of Ita No.4115/Del/2013) (For Assessment Year : 2008-09) M/S. U. K. Paints (India) Vs. Acit Pvt. Ltd., 19, Dda Central Circle – 10 Commercial Complex, New Delhi Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Acit Vs. U. K. Paints (India) Pvt. Ltd. Circle – 27(1) 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent)

Section 143(3)Section 14ASection 80I

lower rates as compared to the rates charged from unrelated customers and on identical facts the deduction have been allowed in earlier year in scrutiny assessment. He, therefore, held that AO had wrongly denied the claim of deduction. He accordingly set aside the order of AO. Aggrieved by the order ... lower authorities and further submitted that assessee has claimed deduction u/s 80IB of the Act in A.Y. 2007-08 and it was allowed in scrutiny assessment. It was further submitted that assessee was maintaining separate books of accounts for Jammu 23 Unit and the same have been audited and only

Chhattisgarh State Power Generation Co. Ltd., Raipur vs. Dy. Commissioner of Income Tax-1(1), Raipur

In the result, the appeal of the assessee in ITA No

ITA 24/RPR/2022[2018-19]Status: DisposedITAT Raipur15 Jun 2023AY 2018-19

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.16/Rpr/2017 "नधा"रण वष" / Assessment Year : 2009-10 Chhattisgarh State Power Generation Company Ltd. O/O. Executive Director-Finance Ground Floor, Vidyut Seva Bhawan, Daganiya, Raipur-492 001 (C.G.) Pan : Aadcc5772F .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-1(2), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita No.24/Rpr/2022 "नधा"रण वष" / Assessment Year : 2018-19 Chhattisgarh State Power Generation Company Ltd. Ground Floor, Vidyut Seva Bhawan, Daganiya, Raipur-492 001 (C.G.) Pan : Aadcc5772F .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri V.K Singh, CIT-DR
Section 143(2)Section 143(3)Section 32

A.Y.2009-10 on 30.03.2011, declaring a loss of Rs.(-) 273,10,01,778/- (as per revised return). Case of the assessee was, thereafter, selected for scrutiny assessment u/s.143(2) of the Act. 4. During the course of assessment proceedings, it was observed by the A.O that the assessee company had, inter ... respectively, were disallowed u/s.36(1)(va) r.w.s. 2(24)(x) of the Act. 23. Case of the assessee was, thereafter, selected for scrutiny assessment u/s.143(2) of the Act, wherein, no further addition was made by National e-Assessment Centre (NeAC) vide its order passed u/s.143