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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

Sai Petroleum, Surat vs. Pr.CIT, -1, Surat

In the result, grounds no

ITA 116/SRT/2022[2017-18]Status: DisposedITAT Surat17 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.116/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Sai Petroleum Principal Commissioner Of 381, Survey No.415, Sachin, Income-Tax-1, Rom 123, Vs Surat-394230 Aayakhar Bhawan, Majura Pan No: Achfs 8318 Q Gate, Surat-395001 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Ketan S. Jagirdar, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 16.03.2023 उ"घोषणा क" तार"ख/Date Of 17.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 15.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-1(2)(4), Surat / Assessing Officer In Assessment Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1) The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts In Confirming Ads Made By Ld. Ao As Per Order Passed U/S 143(3) Of The Act. Sai Petroleum I. Addition U/S 68 R.W.S. 115Bbe Of The Act Amounting To Rs.13,65,241 As Unreconciled Cash Deposited In Bank Accounted As Cash Sales During Demonetization Period. Ii. Addition U/S 68 Of The Act Amounting To Rs.10,00,000 Received From Debtors As Unaccounted Cash Deposited In Bank During Demonetization Period.

Section 131Section 133ASection 143(3)Section 254(1)Section 68

there was survey under section 133A on 21.03.2017 in assessees premises, therefore, the return of assessee was selected for scrutiny. During scrutiny assessment, assessee filed its reply from time-to- time. The assessing officer also issued show cause notice about cash-in-hand and reconciliation about shortage of cash

ACIT Central-2, Indore vs. Shri Vinod Bansal, Khandwa

In the result, appeal filed by the Revenue is dismissed

ITA 213/IND/2021[2018-19]Status: DisposedITAT Indore16 Mar 2023AY 2018-19

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyaniit(Ss)A No.213/Ind/2021 (Assessment Year: 2018-19) Vs. Acit, Central-2, Vinod Bansal, Indore Khandwa "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aiepb3961B (Appellant) .. (Respondent) Revenue By : Shri P. K. Mishra, Cit.D.R. Shri S.N. Agrawal, Ca Assessee By : 19.12.2022 Date Of Hearing 14.03.2023 Date Of Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed By The Revenue Is Directed Against The Order Dated 09.08.2021 Passed By The Ld. Cit(A)-3, Bhopal (M.P.) (Hereinafter Referred To As ‘Ld. Cit(A)’) Arising Out Of The Order Dated 28.12.2019 Passed By The Dcit (Central)-2, Indore (Hereinafter Referred To As ‘Ld. Ao’) Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For Assessment Year (Hereinafter Referred To As ‘A.Y.’) 2018-19 With The Following Ground:

For Appellant: 19.12.2022For Respondent: Shri P. K. Mishra, CIT.D.R
Section 132Section 143(2)Section 143(3)Section 153ASection 69

Vinod Industries in which the appellant represent as a partner engaged in the Manufacturing and trading of oil. During the course of scrutiny assessment as well as appellate proceeding it was clarified that some of the customer of M/s M G Oils sent cash directly to the appellant