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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

Dharti Commercial Trading P. Ltd., Mumbai vs. ACIT Range-6(2)(2), Mumbai

ITA 1905/MUM/2020[2008-09]Status: DisposedITAT Mumbai06 Sept 2022AY 2008-09

Bench: Shri Prmod Kumar, Vp & Shri Amit Shukla, Jm 1. आयकरअपीलसं./ I.T.A. No. 1905/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2008-09) Acit Range-6(2)(2), Dharti Commercial Trading 5Th Floor, Aayakar Pvt. Ltd. Bhawan, Churchgate, (Formerly Known As Dharti बनाम/ Mumbai-400 020 Investment & Holdings Limited) Vs. Office No. C107, Plot No. 6, Sector 11, Dronagiri, Navi Mumbai-400702 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccd2509C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & 2. आयकरअपीलसं./ I.T.A. No. 496/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2008-09) Dharti Commercial Trading Acit Range-6(1)(1), 5Th Floor, Aayakar Bhawan, Pvt. Ltd. Churchgate, (Formerly Known As Dharti Mumbai-400 020 बनाम/ Investment & Holdings Limited) Vs. Office No. C107, Plot No. 6, Sector 11, Dronagiri, Navi Mumbai-400702 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccd2509C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Madhur Agarwal & Ms. Moksha Mehta, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Shri Sanjay Chandra, Ld. Dr

For Appellant: Shri Madhur Agarwal & MsFor Respondent: Shri Sanjay Chandra, Ld. DR
Section 143(3)Section 147Section 148Section 14A

purchase, the genuineness of sale transaction reported thereafter and the adequacy of the sale consideration or its reasonableness were not subject matter of original scrutiny assessment proceedings concluded u/s.143 (3) as seen from the issues under consideration of the then Assessing Officer. No information has been furnished in connection with ... within such a short period at a huge loss. 5. The following facts came to the notice subsequent to the passing of the original scrutiny assessment proceedings u/s.143 (3) on 02.12.2010: (i) The total source of funds of the issuer company, M/s.Amma Lines Ltd, before receipt of the share application

Pr. CIT Circle-2, Mumbai vs. Bharat Prtroleum Corporation Ltd., Mumbai

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

ITA 1601/MUM/2020[2016-17]Status: DisposedITAT Mumbai05 Sept 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1601/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2016-17) Bharat Petroleum बिधम/ Pcit, Circle-2 Corporation Ltd. Room No.344, Aayakar Vs. Taxation Section, Bhavan, M. K. Road, 4Th Floor, Bharat Bhavan 1, Mumbai-400020. 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai- 400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacb2902M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jehangir D. Mistry Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2022 घोषणा की तारीख /Date Of Pronouncement: 05/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Has Been Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-02 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 21.02.2020 For Assessment Year [Hereinafter Referred To As “Ay”] 2016-17 Passed Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”].

For Appellant: Shri Jehangir D. MistryFor Respondent: Dr. Mahesh Akhade (DR)
Section 10(34)Section 142(1)Section 143(3)Section 2Section 263Section 32A

invoked his revisional jurisdiction. According to him, the deduction claimed u/s 32AC of the Act was examined by the AO in the course of scrutiny assessment proceedings and after being satisfied with the claim of assessee allowed the same vide assessment order dated 20.12.2018. Therefore, according

DCIT 14(1) (10, Mumbai vs. M/S. K. Rasiklal Exim Pvt. Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 2327/MUM/2021[2011-12]Status: DisposedITAT Mumbai30 Aug 2022AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhdcit, Circle – 14(1)(1) Vs. M/S. K Rasiklal Exim Room No. 432, 4Th Floor Pvt Ltd., Aayakar Bhavan, 339/41, 2Nd Floor, Mk Road, Rawal Chambers, Mumbai- 400020. Masjid Bunder, Mumbai-400003. Pan/Gir No. : Aabck4895P Appellant .. Respondent Assessee By : None Revenue By : Shri Tejinder Pal Singh.Dr Date Of Hearing 29.08.2022 Date Of Pronouncement 30.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac) Delhi Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Shri Tejinder Pal Singh.DR
Section 133(6)Section 143(2)Section 143(3)Section 148

order is as under: After going through the findings of the assessing officer in the reassessment order, findings of the AO in the original scrutiny assessment order and the submissions of the appellant, it is apparent that the issue of bogus purchases were already examined ... original scrutiny assessment u/s 143(3) dtd 11/12/2013. The AO had calculated the peak of credit purchases at Rs.1,10,19,320/- but no addition was made in the current AY as addition was already made in the AY 2010 11. Thus, there is no dispute that bogus parties

Sameer Moin Khan, Mumbai vs. ITO 31 (3) (3), Mumbai

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

ITA 1486/MUM/2021[2010-11]Status: DisposedITAT Mumbai30 Aug 2022AY 2010-11

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalesameer Moin Khan Vs. Ito – 31(3)(3) A/105, Prathmesh Kutir, Room No. 408B, 4Th Opp. Agarwal Estate, Floor, C-13, Captain Samant Marg, Pratyaksha Kar Jogeswari (W), Bhavan, Bkc Mumbai-400012.. Mumbai- 400 051. Pan/Gir No. : Ajfpk0293H Appellant .. Respondent Appellant By : Shri Dharn Gandhi.Ar Respondent By : Shri Rp Veena.Dr Date Of Hearing 25.08.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-National Faceless Appeal Centre (Nfac), Delhi Passed U/S 144 R.W.S 147 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: Sameer Moin Khan., Mumbai. 1.On The Facts & In The Circumstances Of The Case & In Law, Na The Reassessment Proceeding Initiated In Case Of The Appellant Vide Notice U/S 148 Of The Act Dated 27.03.2018 Is Bad In Law.

For Appellant: Shri Dharn Gandhi.ARFor Respondent: Shri RP Veena.DR
Section 133(6)Section 144Section 148Section 250Section 44ASection 68

appeal before the CIT(A). Whereas the CIT(A) considered the grounds of appeal, submissions of the assessee and the findings of the scrutiny assessment but was not satisfied with the explanations on the transactions were the assessee has made cash deposits and cash with drawls for purchase

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

ITA 1073/MUM/2020[2014-15]Status: DisposedITAT Mumbai30 Aug 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

For Appellant: Shri Rashmikant ModiFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 153ASection 36(1)(iii)Section 40

triggered assessment/re-assessment under section 153A of the Act. Prior to the date of search, the income-tax assessment u/s 143(3) of the Act (scrutiny assessment) for AY 2008-09was already completed. And no assessment was pending before the AO on the date of search, so the assessment

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

ITA 1072/MUM/2020[2008-09]Status: DisposedITAT Mumbai30 Aug 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

For Appellant: Shri Rashmikant ModiFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 153ASection 36(1)(iii)Section 40

triggered assessment/re-assessment under section 153A of the Act. Prior to the date of search, the income-tax assessment u/s 143(3) of the Act (scrutiny assessment) for AY 2008-09was already completed. And no assessment was pending before the AO on the date of search, so the assessment

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

ITA 1071/MUM/2020[2009-10]Status: DisposedITAT Mumbai30 Aug 2022AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

For Appellant: Shri Rashmikant ModiFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 153ASection 36(1)(iii)Section 40

triggered assessment/re-assessment under section 153A of the Act. Prior to the date of search, the income-tax assessment u/s 143(3) of the Act (scrutiny assessment) for AY 2008-09was already completed. And no assessment was pending before the AO on the date of search, so the assessment