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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

Radius Deserve Land Developers, Mumbai vs. Pr CIT-City-6, Mumbai

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

ITA 889/MUM/2021[2016-17]Status: DisposedITAT Mumbai26 Oct 2022AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.889 /Mum/2021 (A.Y. 2016-17) Radius Deserve Land Vs. Pr. Commissioner Of Developers Pvt. Ltd. Income Tax, City-6, Deserve House, Cst Room No. 501, 5 Th Floor, Road Jn, Next To Kotak Aayakar Bhavan, Mahindra Bank, Opp M.K.Road, Mumbai University, Mumbai – 400 020 Kalina Santacruz, East, Mumbai – 400098 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aagca7060F Appellant .. Respondent Appellant By : Ajay Singh Respondent By : Riddhi Mishra Date Of Hearing 20.10.2022 Date Of Pronouncement 26.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Pr.Cit-6, Mumbai Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act. The Assessee Has Raised The Following Grounds Before Us: “1. The Hon’Ble Pr. Cit-6 (Herein After Referred As Cit) Has Erred In Invoking Provisions Of Section 263 Of The Income Tax Act, 1961 By Issuing The Notice In-Spite Of The Fact That Scrutiny Assessment Has Been Completed By The Ito - 14(3)(1), Mumbai U/S 143 (3) Of The Income Tax Act, 1961 After Duly Examined & Considering Facts While Framing The Assessment Order U/S

For Appellant: Ajay SinghFor Respondent: Riddhi Mishra
Section 143Section 143(2)Section 143(3)Section 263Section 36(1)(iii)

erred in invoking Provisions of Section 263 of the Income Tax Act, 1961 by issuing the Notice in-spite of the fact that Scrutiny assessment has been completed by the ITO - 14(3)(1), Mumbai U/s 143 (3) of the Income Tax Act, 1961 after duly examined and considering facts ... fact in brief is that return of income declaring total income of Rs.nil was filed on 31.12.2018. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 14.08.2018. The assessment order u/s 143(3) of the Act was passed on 17.12.2018 assessing

Bhaskar Arvind Kumar Hingad, Mumbai vs. Asstt CIT-24(1), Mumbai

In the result, the appeal of the assessee stands allowed

ITA 692/MUM/2022[2014-15]Status: DisposedITAT Mumbai21 Oct 2022AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.692/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Bhaskar Arvind Kumar बिधम/ Acit-24(1) Hingad 601, 6Th Floor, Piramal Vs. Flat No. 1, Ratnakar Chambers, Lalbaug, Parel, Building, 26 Narayan Mumbai-400012. Dhabolkar Road, Mumbai- 400006. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacph2812F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Assessee Is Against The Order Of The Ld. Principal Commissioner Of Income Tax-20 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 31.03.2022 For Assessment Year 2014- 15 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Vijay MehtaFor Respondent: Dr. Mahesh Akhade (DR)
Section 143(3)Section 263

interest expenses (Interest paid - Interest received) have been debited to Profit and Loss Account and the same has been accepted by the department in scrutiny assessments. We submit that assessee has earned interest from Fixed deposit and Bonds. Assessee has taken overdraft facility from SBI on the said fixed deposit