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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

Unique Estates Dev. Co. Pvt. Ltd, Mumbai vs. The DCIT Cent. Cir-4(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2110/MUM/2021[2011-12]Status: DisposedITAT Mumbai28 Jul 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2110/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2011-12) Unique Estates Dev. Co. बिधम/ Dcit, Central Circle-4(1) Pvt. Ltd. Room No.1906, 19Th Vs. Construction House-B, 2Nd Floor, Air India Bldg, Floor, 623, Linking Road, Nariman Point, Mumbai- Khar (W), Mumbai-400052. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacu0699N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sanjay B. Sawant Revenue By: Ms. Vranda U. Matkarni सुनवाई की तारीख / Date Of Hearing: 11/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-52, Mumbai Dated 26.10.2021 For Assessment Year 2011-12 Against The Penalty Confirmed U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Main Grievance Of The Assessee Is As Under: - “1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Confirming The Penalty Levied By The Ao U/S 271(1)(C) Of The Act, On Issue Of Advancing Of Interest Free Loans Of Rs.4,68,220/- & So Called Bogus Purchases Of Rs.5,84,076/-.” 3. At The Outset, The Ld. Ar Of The Assessee Shri Sanjay B. Sawant Brought To Our Notice That The Assessee Had Filed Return Of Income On 30.09.2011 Declaring The Total Income Of Rs.12,39,12,768/-. The Scrutiny Assessment Was Completed On 18.03.2014 U/S 143(3) Of The Act Assessing Total Income (Normal Computation) At Rs.21,59,51,554/-

For Appellant: Shri Sanjay B. SawantFor Respondent: Ms. Vranda U. Matkarni
Section 143(3)Section 14ASection 271(1)(c)

brought to our notice that the assessee had filed return of income on 30.09.2011 declaring the total income of Rs.12,39,12,768/-. The scrutiny assessment was completed on 18.03.2014 u/s 143(3) of the Act assessing total income (normal computation) at Rs.21

Rudrapratap Tripathi, Mumbai vs. CIT (Appeals)-II, Thane

In the result, the appeal filed by the assessee is allowed in the manner indicated above

ITA 1730/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Jul 2022AY 2011-12

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 1730/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2011-12) Dcit Cir-3, Rudra Pratap Tripathi R. No. 2, B-Wing, 6Th Prop. M/S Indian Corporation, Floor, Ashar It Park, 502, Modi House, 5Th Floor बनाम/ Road No. 16, Wagle Indl. Opp. Rto Office Vs. Estate, Thane, Eastern Express Highway, Maharashtra, Thane West, Maharashtra Pin-400 604 Pin-400 602 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Actpt0115A (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri S. K. Garg, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Smt. Mahita Nair, Ld. Dr सुनवधईकीतधरीख/ : 13.07.2022 Date Of Hearing घोर्णधकीतधरीख / : 28.07.2022 Date Of Pronouncement

For Appellant: Shri S. K. Garg, Ld. ARFor Respondent: Smt. Mahita Nair, Ld. DR
Section 143(3)Section 24

particularly that the assessment order dated 29.03.2014 that had been passed under section 143(3) itself was invalid, owing to selection of case for scrutiny assessment not being based on expression of opinion by the Assessing Officer, should have held that the said assessment order dated 29.03.2014 (which was subject ... counsel for the appellant in so far as grounds no.1 and 2 which relate to challenge to selection of case for scrutiny assessment under computer aided scheme (CASS) based on „non-expression‟ of opinion by the ld. Assessing Officer, was given up by the ld. counsel of the assessee. With

Courtyard Real Estate Pvt. Ltd, `Mumbai vs. ACIT Cent. Cir -5(4), Mumbai

In the result, appeal of the assessee is Allowed

ITA 2312/MUM/2021[2017-18]Status: DisposedITAT Mumbai26 Jul 2022AY 2017-18

Bench: Shri Abyt Varkey & Shri Gagan Goyalm/S Courtyard Real Estate Private Limited 1St Floor, Windsor, Cst Road, Kalina, Santacruz East Mumbai-400098 Pan: Aadcr0870K ...... Appellant Vs. Assistant Commissioner Of Income Tax, Central Circle 5(4), Air India Building, Nariman Point, Mumbai-400021 ..…Respondent Appellant By : Shri. Jitendra Jain, Ca Respondent By : Shri Shyam Joshi, Sr. Dr Date Of Hearing : 19/05/2022 Date Of Pronouncement : 26/07/2022 Order Per Gagan Goyal, Am: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-53, Mumbai [Hereinafter Referred To As Cit (A)] Vide Order Dated 26.10.2021 For The Assessment Year (Ay) 2017-18. The Solitary Issue Disputed In Appeal Is As Under: “1. The Cit(A) Erred In Confirming The Action Of Ao In Treating The Interest Income Earned On Fixed Deposits (Fd) Of Rs. 60,49,527/- As “Income From Other Sources” For The Year As Against Reducing The Same From The Total Cost Of Work In Progress. 2. The Appellant Submits That On The Facts & Circumstances Of The Case The Interest Income Earned On Fd Of Rs. 60,49,527/- Reduces The Interest Cost On Funds Borrowed For The Project & Thus Has Been Rightly Reduced From The Cost Of Project. 3. Your Appellant Craves Leave To Add, To Alter, Or To Amend The Aforesaid Grounds Of Appeal. 2 M/S Courtyard Real Estate Pvt. Ltd. 2. Brief Facts Of The Case Are That The Assessee-Company Is In The Business Of Real Estates Development & Construction. It Filed Its Return Of Income For Ay 2017- 18 On 30.3.2018 Declaring Income For The Year At Rs. 56,72,910/-. During The Year Under Consideration, The Assessee Was Constructing A Residential Project At Pokhran Road No 2, Thane. It Was Following Percentage Completion Method (Pcm) Of Accounting For Revenue Recognition.

For Appellant: Shri. Jitendra Jain, CAFor Respondent: Shri Shyam Joshi, Sr. DR

Thane. It was following Percentage Completion Method (PCM) of accounting for Revenue Recognition. 3. The assessee’s case has been selected for scrutiny assessment. During the course of assessment proceeding, the AO observed that the assessee has earned an interest income of Rs. 60.49 lacs which has been reduced from