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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

Seth Industries Pvt. Ltd, Mumbai vs. ACIT C 2(3)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 4685/MUM/2019[2010-11]Status: DisposedITAT Mumbai16 Dec 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm आयकरअपीलसं/ I.T.A. No.4685/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Seth Industries Pvt. Ltd. बिधम/ Acit Circle- 2(3)(2) 16, Ashoka Shopping Centre, Room No. 552, Vs. Lokmanya Tilak Marg, Aayakar Bhavan Crawford Market Mumbai-400020. Mumbai-400001. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aaecs9189D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Salil Kapoor & Shri Sunil Lalchandani Revenue By: Shri. Mahender Ahuja सुनवाईकीतारीख / Date Of Hearing: 21/11/2022 घोषणाकीतारीख /Date Of Pronouncement; 16/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri Salil Kapoor & Shri SunilFor Respondent: Shri. Mahender Ahuja
Section 143(3)Section 147Section 148

opening the assessment which reads as under:- “The assessee filed e-return on 25.09.2010 declaring total income of NIL. The scrutiny assessment u/s.143(3) was completed on 12.02.2013 assessing total income of Rs.21,67.720/-. During the year ended 31.03.2008 Assessee company agreed to give the possession of land admeasuring ... same amount which fact was shown in the computation of income and this fact was brought to my notice that since original scrutiny assessment order u/s 143(3) has been passed on 12-02-2013 for AY 2010-11 and since the notice u/s 148 of the Act was issued

Deputy Commissioner of Income Tax, Circle-3(1)(2), Bangalore vs. M/S. Harman Connected Services Corporation India Private Limited( Formerly Known As Symphoney Teleca Corporation India Private Limited), Bangalore

In the result, the appeal by the revenue is dismissed

ITA 631/BANG/2016[2011-12]Status: DisposedITAT Bangalore16 Dec 2022AY 2011-12

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.631/Bang/2016 : Asst.Year 2011-2012 The Deputy Commissioner Of M/S.Harman Connected Income-Tax, Circle 3(1)(2) Services Corporation India V. Bangalore. Private Limited (Formerly Symphony Telca Corporation India Pvt. Ltd.) No.3 & 3A, Eoiz Industrial Area, Survey No.85 & 86, Sadarmangala Village, K.R.Puram, Hobli Bangalore – 560 066 Pan : Aabcg5658E. (Appellant) (Respondent) Appellant By : Smt.Tanmayee Rajkumar, Advocate Respondent By : Sri.K.Sankar Ganesh, Jcit-Dr Date Of Pronouncement : 16.12.2022 Date Of Hearing : 15.12.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Revenue Is Directed Against Final Assessment Order Dated 29.01.2016 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2011-2012. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Incorporated Under The Companies Act, 1956. The Assessee Is Engaged In Providing Software Development Services To Its Group Companies As Well As Third Parties. For The Assessment Year 2011-2012, The Return Of Income Was Filed On 30.11.2011 Declaring Gross Total

For Appellant: Smt.Tanmayee Rajkumar, AdvocateFor Respondent: Sri.K.Sankar Ganesh, JCIT-DR
Section 10ASection 143(2)Section 143(3)Section 40Section 92C

assessment was selected for scrutiny and notice u/s 143(2) of the I.T.Act was issued on 10.09.2012. During the course of scrutiny assessment, the A.O. referred the matter to the Transfer Pricing Officer (TPO) to determine Arm’s Length Price (ALP) of the international transactions undertaken by the assessee with

Rocksalt Interactive Games Private Limited, Hyderabad vs. Income Tax Officer, Ward-3(2), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 403/HYD/2020[2015-16]Status: DisposedITAT Hyderabad12 Dec 2022AY 2015-16

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarm/S. Rocksalt Interactive Income Tax Officer, Vs. Games Pvt. Ltd., Ward 3(2), Hyderabad. Hyderabad. Pan Aafcr3033A (Appellant) (Respondent) Appellant By : Shri P. Murali Mohan Rao, C.A. Respondent By : Shri Vijay Bhaskar Reddy, Cit-Dr Date Of Hearing : 16.11.2022 Date Of Pronouncement : 12.12.2022 O R D E R Per Shri Laliet Kumar, J.M. : This Appeal Filed By The Assessee Is Directed Against The Order Dt.30.03.2020 Of The Learned Pr. Commissioner Of Income Tax/Cit-3, Hyderabad Relating To Assessment Year 2015-16 U/S. 263 Of The Income Tax Act, 1961 (In Short ‘The Act’).

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Vijay Bhaskar
Section 139Section 139(1)Section 263Section 72Section 73Section 73ASection 74Section 74ASection 80

assessee is entitled for set off of the same against current year's income have not been verified by the AO while completing the scrutiny assessment. Only when the AO applied his mind and takes a decision in consonance with the legal position arid as per the provisions ... claiming brought forward and set off of business loss pertaining to AY 2013-14 and AY 2014-15. The case was taken up for scrutiny assessment proceedings and the return of income was accepted. However, subsequently, ld.PCIT had issued a notice under 263 of the Income