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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

Arvi Lights, Delhi vs. ITO Ward 47(5), Delhi

In the result, the appeal of the assessee is allowed

ITA 578/DEL/2022[2017-18]Status: DisposedITAT Delhi10 May 2023AY 2017-18

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2017-18 Arvi Lights, Vs Ito, 1783/1, Kundan Mansion, Ward 47(5), Bhagirath Place, Delhi. Chandni Chowk, Delhi – 110 006. Pan: Abbfa8083H (Applicant) (Respondent) Assessee By : Shri Rajiv Jain, Ca Revenue By : Shri Raghunath, Sr. Dr Date Of Hearing : 03.05.2023 Date Of Pronouncement : 10.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.578/Del/2022 For Ay 2017-18 Arises Out Of The Order Of The Pr. Commissioner Of Income Tax, Delhi-10 [Hereinafter Referred To As ‘Ld. Pcit’, In Short] In Din & Order No.Itba/Rev/F/Rev5/2021-22/1039802410(1) Dated 16.02.2022 Against The Order Of Assessment Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 31.05.2019 By The Ld. Assessing Officer, Ward 47(5), Delhi (Hereinafter Referred To As ‘Ld. Ao’). 2. The Only Issue To Be Decided In This Appeal Is That Whether The Ld.Pcit Was Justified In Assumption Of Revision Jurisdiction U/S 263 Of The Act, In The Facts & Circumstances Of The Instant Case.

For Appellant: Shri Rajiv Jain, CAFor Respondent: Shri Raghunath, Sr. DR
Section 142(1)Section 143(3)Section 263

hearings were conducted by the ld. AO on 24.08.2018, 15.10.2018, 17.01.2019, 29.01.2019, 14.02.2019, 26.02.2019, 19.03.2019, 10.04.2019, 23.04.2019 and 02.05.2019. During the course of scrutiny assessment proceedings, the ld. AO sought information from the assessee by raising 29 queries which also included queries raised on cash deposits made by the assessee

Ace Property Developers, Mumbai vs. CIT (A), Mumbai

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

ITA 207/MUM/2023[2014-15]Status: DisposedITAT Mumbai09 May 2023AY 2014-15

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसुं.207/भ ुं/2023 (यन.ि. 2014-15) Ace Property Developers, A Wing, ‘ Taal’ Building No.6, Hdil Layout, Sector No.2, Chikhal Dongre Road, Global City, Virar (West), Palghar 401 303 Pan: Aasfa-3204-E ...... अऩीराथी/Appellant फनाभ Vs. Jt. Cit 24(1) Mumbai. ..... प्रयतिादी/Respondent अऩीराथी द्िाया/ Appellant By : Shri Yogesh Thar & Ms. Sukanya Jayaram प्रयतिादी द्िाया/Respondent By : Shri Manoj Kumar Sinha, Sr. Ar स निाई की यतधथ/ Date Of Hearing : 09/05/2023 घोषणा की यतधथ/ Date Of Pronouncement : 09/05/2023

For Appellant: Shri Yogesh Thar and Ms. Sukanya JayaramFor Respondent: Shri Manoj Kumar Sinha, Sr. AR
Section 40Section 68

partnership firm. The assessee filed its return of income for the impugned assessment year declaring total income of Rs.36,36,240/-. In scrutiny assessment proceedings the Assessing Officer disallowed remuneration paid to partners. The remuneration was paid to six partners in accordance with the supplementary partnership deed dated 18/11/2010. Similar ... said letter, a reasonable presumption can be drawn that relevant documents were furnished by the assessee before the Assessing Officer, however, during the scrutiny assessment proceedings they remain to be considered by the Assessing Officer. The CIT(A) has confirmed the addition u/s 68 of the Act for the similar