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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

Bhupati Investments & Finance P.Ltd, Mumbai vs. ITO 5(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1134/MUM/2022[2017-18]Status: DisposedITAT Mumbai17 Oct 2022AY 2017-18

Bench: Shri Aby T Varkey & Shri Amarjit Singhm/S Bhupati Investments Vs. Pr. Commissioner Of & Finance Pvt. Ltd. Income Tax-6 B-34/35, 3Rd Floor, 501, 5Th Floor, Aayakar Paragon Condominium, Bhavan, Maharishi Karve Pandurang Budhkar Road, Marg, Worli, Mumbai - 400020 Mumbai – 400013 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacb0441P Appellant .. Respondent Appellant By : Aarti Vissanji Respondent By : Ajay Chandra Date Of Hearing 11.10.2022 Date Of Pronouncement 17.10.2022 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 Pr. Cit-6, Mumbai, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act For A.Y. 2017-18. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Principal Commissioner Of Income-Tax (Pr. Cit) Erred In Passing An Order U/S 263 & Directing The Assessing Officer To Modify The Order Dated 16/12/2019 Passed U/S 143(3) Of Income Tax Act, 1961. Your Appellants Submit That The Order Of The Pr. Cit Is Illegal, Bad In Law & Void & The Same Ought To Be Quashed.

For Appellant: Aarti VissanjiFor Respondent: Ajay Chandra
Section 115JSection 143(3)Section 14ASection 263

Fact in brief is that return of income declaring total income of Rs. nil was filed on 10.10.2017. The case was subject to scrutiny assessment and assessment u/s 143(3) of the was finalized on 16.12.2019 assessing the total income at Rs.nil under the normal provision ... Bhupati Investments and Finance Pvt. Ltd. Vs. Pr.CIT-6 provision of the Act. She further submitted that during the course of scrutiny assessment A.O has issued notice u/s 142(1) dated 06.08.2019 and called specific detail on the working of disallowance made u/s 14A of the Act. She further submitted

Smt, Ramu Annamalai Umaiyal Radhai, Chennai vs. PCIT, Chennai

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

ITA 922/CHNY/2020[2015-16]Status: DisposedITAT Chennai12 Oct 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 922/Chny/2020 िनधा"रण वष"/Assessment Year:2015-16 Smt. Ramu Annamalai Umaiyal Radhai, The Principal Commissioner Of Flat No. Iii, 3Rd Floor, Poojapura Vs. Income Tax- Chennai I, Apartments, St. Mary’S Road, Chennai. Alwarpet, Chennai 600 028. [Pan:Aakpu6790M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V.P. Kuriachan, F.C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 12.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Chennai - I, Chennai, Dated 20.05.2020 Relevant To The Assessment Year 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri V.P. Kuriachan, F.C.AFor Respondent: Shri M. Rajan, CIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263

perused the written submissions filed before the ld. PCIT along with documentary evidences, which were produced before the Assessing Officer during the course of scrutiny assessment and the same extracted as under: Sub: Your Notice NO.ITBNCOM/F/17/2019-20/1022768951(1) Dated 20/12/2019 under Section 263 of the Income ... were paid from his personal NRI 1 NRO bank accounts and Gift confirmation letters were furnished to the Assessing Officer at the time of scrutiny assessment, copies of which are enclosed herewith. Copy of my father's bank statements were called for by the Assessing Officer for verification

DCIT, CC 8(2), Mumbai vs. Skyline Prashasti, Mumbai

In the result, both the appeals are dismissed

ITA 2451/MUM/2021[2013-14]Status: DisposedITAT Mumbai12 Oct 2022AY 2013-14

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos.1964/Mum/2021 (A.Y.2013-14) M/S Skyline Prashasti Vs. Deputy Commissioner Of (Formerly Known As M/S Sky Star) Income Tax-Cc-8(2) Skyline Oasis, Premier 6Th Floor, Room No. 658, Road, Nr. Vidyavihar Aaykar Bhawan, Station, Ghatkoper (W) Maharshi Karve Road Mumbai – 400086 Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Abcfs0618M Appellant .. Respondent Ita Nos.2451/Mum/2021 (A.Y.2013-14) Deputy Commissioner Of Vs. M/S Skyline Prashasti Income Tax-Cc-8(2) Skyline Oasis, Premier 6Th Floor, Room No. 658, Road, Vidyavihar (W) Aaykar Bhawan, Mumbai – 400086 Maharshi Karve Road Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Abcfs0618M Appellant .. Respondent

For Appellant: Mahaveer Jain &For Respondent: Pitta Samuel
Section 143(2)Section 143(3)

fact in brief is that return of income declaring income of Rs.7,75,64,410/- was filed on 28.09.2013. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 04.09.2014. The assessment u/s 143(3) of the Act was finalized ... years under the same and similar agreements was shown as income from business right from 2010-11 to 2014-15 and accepted in the scrutiny assessment which was finalized from 2010-11 to 2012-13 and pending for disposal for the AY 2013-14 and 2014-15 In our opinion

M/S. Skyline Prashaasti, Mumbai vs. DCIT Cent. Cir 8(2), Mumbai

In the result, both the appeals are dismissed

ITA 1964/MUM/2021[2013-14]Status: DisposedITAT Mumbai12 Oct 2022AY 2013-14

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos.1964/Mum/2021 (A.Y.2013-14) M/S Skyline Prashasti Vs. Deputy Commissioner Of (Formerly Known As M/S Sky Star) Income Tax-Cc-8(2) Skyline Oasis, Premier 6Th Floor, Room No. 658, Road, Nr. Vidyavihar Aaykar Bhawan, Station, Ghatkoper (W) Maharshi Karve Road Mumbai – 400086 Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Abcfs0618M Appellant .. Respondent Ita Nos.2451/Mum/2021 (A.Y.2013-14) Deputy Commissioner Of Vs. M/S Skyline Prashasti Income Tax-Cc-8(2) Skyline Oasis, Premier 6Th Floor, Room No. 658, Road, Vidyavihar (W) Aaykar Bhawan, Mumbai – 400086 Maharshi Karve Road Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Abcfs0618M Appellant .. Respondent

For Appellant: Mahaveer Jain &For Respondent: Pitta Samuel
Section 143(2)Section 143(3)

fact in brief is that return of income declaring income of Rs.7,75,64,410/- was filed on 28.09.2013. The case was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 04.09.2014. The assessment u/s 143(3) of the Act was finalized ... years under the same and similar agreements was shown as income from business right from 2010-11 to 2014-15 and accepted in the scrutiny assessment which was finalized from 2010-11 to 2012-13 and pending for disposal for the AY 2013-14 and 2014-15 In our opinion