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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

Essel Mining & Industries Ltd., Mumbai vs. Dy CIT - CC-1(4), Mumbai

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

ITA 602/MUM/2021[2015-16]Status: DisposedITAT Mumbai27 Jun 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalessel Mining & Industries Limited Industry House, 18Th Floor, 10, Camac Street, Kolkata, West Bengal-700017 Pan: Aaace6607L ...... Appellant Vs. Dy. Cit, Central Circle-1(4), 9Th Floor, Old Cgo Building, M.K. Road, Mumbai-400020. ..... Respondent Appellant By : Sh. Yogesh Thar Respondent By : Sh. Amol B. Kirtane Date Of Hearing : 20/06/2022 Date Of Pronouncement : 27/06/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-47, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Vide Order Dated 05.02.2021 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: 1. That On The Facts & In The Circumstances Of The Case & In Law, The Commissioner Of Income Tax (Appeals) {Hereinafter Referred To As The Cit(A)} Erred In Confirming The Disallowance Of The Claim Of Carbon Credit Income As Capital Receipt Of Rs. 10,20,587/-. 2. That On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming The Disallowance Of Common Expenses Of Rs. 59,27,000/-.

For Appellant: Sh. Yogesh TharFor Respondent: Sh. Amol B. Kirtane
Section 115JSection 14ASection 28Section 40Section 80I

Generation of electricity (Wind Power & Solar Power), & (v) Railway Siding for captive use and (vi) Operating Lease of Solar Energy Equipment. During the scrutiny assessments following additions were made: (i) Disallowance under section 14A Rs. 35, 88, 82,480/- (ii) Disallowance of Club Expenses Rs. 107,120/- (iii) Disallowance

M/S. First Light Properties P. Ltd.(Earstwhile Known As M/S. Sumer Builders P. Ltd.), Mumbai vs. The DCIT, CC, 5(3), Mumbai

In the result ground of appeal raised by assessee is dismissed and stand of AO is confirmed

ITA 1768/MUM/2020[2016-17]Status: DisposedITAT Mumbai21 Jun 2022AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Gagan Goyalm/S First Light Properties Pvt. Ltd. (Erstwhile Known As M/S Sumer Builders Pvt. Ltd.) 205, Commerce House, 140, Nagindas Master Road, For, Mumbai-400023 Pan: Aaacs7947P ...... Appellant Vs. Dcit, Cc-5(3), Room No. 1906, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. ..... Respondent Appellant By : Sh. Nishit Gandhi Respondent By : Sh. Sandip Raj, Cit-Dr Date Of Hearing : 29/03/2022 Date Of Pronouncement : 21/06/2022 Order Per Gagan Goyal, A.M:

For Appellant: Sh. Nishit GandhiFor Respondent: Sh. Sandip Raj, CIT-DR
Section 14A

filed its return of income for AY 2016-17 on 19.03.2017 declaring total income of Rs. 2,17,750/-. The case was selected for scrutiny. Assessment proceedings have been conducted electronically and all the communications of data and documents took place through electronic mode. 3. Assessee-company was engaged ... adjusted by it against the principal amount of the outstanding loan. The appellant's case for the said year also was selected for scrutiny assessment and during the course of scrutiny assessment proceedings the said position was informed to the office of AO vide submission dated 26.12.2017 and after considering