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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

Ravi Mohanlal Bhalotia, Bhiwandi vs. CIT Appeals, NFAC, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 118/MUM/2022[2015-2016]Status: DisposedITAT Mumbai29 Nov 2022AY 2015-2016

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyravi Mohanlal Bhalotia Vs. Cit(A), 12/1, Midc Saravali, Nfac Bhiwandi, Dist. Delhi Thane- 421302 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Abipb1342B Appellant .. Respondent Appellant By : Sudhir Hunargikar & Madhav Khisti Respondent By : Mahita Nair Date Of Hearing 23.11.2022 Date Of Pronouncement 29.11.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed The Nfac, Dated 23.11.2022 For A.Y. 2015-16. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) National Faceless Appeal Centre Is Not Justified In Determining The Total Income Of At Rs.72,77,155/- As Against Returned Income Of Rs. 12,67,080/-. 2. The Learned Cit (A) National Faceless Appeal Centre Has Erred In Making Addition Of Rs.60,10,075/- On Account Of Non-Genuine Purchases Despite The Fact That Ledger Confirmations Along With Copies Of Purchase Bills Were Submitted During The Course Of E-Proceedings.

For Appellant: Sudhir Hunargikar &For Respondent: Mahita Nair
Section 133(6)Section 143(3)Section 37(1)

fact in brief is that return of income declaring income of Rs.12,67,080/- was filed on 30.09.2015. The case was subject to scrutiny assessment and notice u/s 143(3) of the Act was issued on 30.09.2016. During the course of assessment the A.O noticed that assessee has shown sundry

ITO 30 (1) (1), Mumbai vs. M/S. Blossom Developers, Mumbai

In the result, the both appeals filed by the assessee and revenue are dismissed

ITA 62/MUM/2022[2013-14]Status: DisposedITAT Mumbai24 Nov 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleito 30(1)(1) Vs. M/S Blossom Room No. 436, 4Th Floor Developers Kautilya Bhavan, Bkc Survey No. 273, Village G Block, Bandra(East) Dindoshi, Pathanwadi Mumbai – 400051. Malad (E), Mumbai – 400097. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahfb6147Q Appellant .. Respondent M/S Blossom Vs. Ito 30(1)(1) Developers Room No. 436, 4Th Survey No. 273, Village Floor Dindoshi, Pathanwadi Kautilya Bhavan, Bkc Malad (E), G Block, Bandra Mumbai – 400097. Mumbai – 400 051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahfb6147Q Appellant .. Respondent

For Appellant: Shri Shyam C. Agrawal, CAFor Respondent: Shri Chetan M. Kacha, SR. AR
Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 40A(2)(a)Section 40A(2)(b)

considered the grounds of appeal and also the history of the case and the submissions of the assessee and the findings of the scrutiny assessment. The CIT(A) dealt on the facts and also the submissions of the assessee followed by the decision of the Honble Tribunal. Finally ... year i.e., A.Y. 2011- 12, an amount of Rs. 9,41,500 was paid to Anagha D. Joshi towards brokerage and commission. In the scrutiny assessment order passed under section 143(3) of the Act on 29th March 2014, the Assessing Officer has allowed the aforesaid payment. Similarly, in case

M/S Ge T&D India Limited, Chennai vs. DCIT Large Tax Payer Unit 1, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 725/CHNY/2018[2010-11]Status: DisposedITAT Chennai23 Nov 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 725/Chny/2018 िनधा"रण वष"/Assessment Year: 2010 - 11 Ge T&D India Ltd., The Dcit, 19/1, Ioc Building, Gst Road, Vs. Large Tax Payer Unit-1, Pallavaram, Chennai Chennai – 600 043. Pan: Aaacg 2115R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sriram Seshadhri, C.A ""यथ" क" ओर से/Respondent By : Shri S. Marudhu Pandian, Cit सुनवाई क" तार"ख/Date Of Hearing : 17.11.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.11.2022 आदेश /O R D E R

For Appellant: Shri Sriram Seshadhri, C.A ""For Respondent: Shri S. Marudhu Pandian, CIT
Section 143(3)Section 148

seen The assessee is engaged in the business of "Maufacturing of Heavy Electrical equipments'. For the AY 2010-11, in the scrutiny assessment completed u/s 143(3), the total income of the assessee was determined at Rs. 1957766133 and the balance demand of Rs.367959380 was raised. It is seen from ... seen The assessee is engaged in the business of Manufacturing of Heavy Electrical equipments'. For the AY 2010-11, in the scrutiny assessment completed u/s.143(3), the total income of the assessee was determined at Rs. 1957766133 and the balance demand of Rs.367959380 was raised. In the statement of computation