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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

Shah Petroleum Products, Chembur vs. ACIT, Circle 27(3), Mumbai, Vashi

In the result, appeal filed by the Assessee stands allowed

ITA 4905/MUM/2025[2012-13]Status: DisposedITAT Mumbai06 Jan 2026AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2012-13 Shah Petroleum Products, Acit, Circle 27(3), Bpcl Petrol Pump, Opp. Room No. 423, 4Th Floor, Shoppers Stop, Ghatkopar Vs. Tower No. 6, Vashi Railway Mahul Road, Chembur, Mumbai, Station Commercial Mumbai – 400089. Complex, Vashi, Pan – Aabfs2738Q Navi Mumbai – 400703. (Appellant) (Respondent) Present For: Assessee By : Shri Subodh Ratnaparkhi, Ld. A.R. Revenue By : Ms. Kavitha Kaushik, Sr. D.R. Date Of Hearing : 06.11.2025 Date Of Pronouncement : 06.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.06.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, The Ao Had Received The Information Dated 19.03.2019 From The Ddit (Inv.) Unit – 5(4), Mumbai To The Effect That In A Survey Action Under Section 132 Of The Act Carried Out In The Case Of M/S. Evergreen Enterprise, Statement Of Mr. Nilesh Bharani, Being Partner Of Such Enterprises Recorded Under Section 132 (4) Of The Act, Wherefrom Undisclosed Activity Of Money 2 Shah Petroleum Products

For Appellant: Shri Subodh Ratnaparkhi, Ld. A.RFor Respondent: Ms. Kavitha Kaushik, SR. D.R
Section 132Section 147Section 148Section 250

information available was carefully perused. On the basis of aforesaid information available with the AO coupled with the fact that no scrutiny assessment was completed for the A.Y. 2012-13", the Assessing Officer formed the reason to believe that income chargeable to tax as indicated above to the tune