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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

Jeni Ahay Shah, Mumbai vs. ITO 27(1) (C), Vashi

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

ITA 1930/MUM/2021[2011-12]Status: DisposedITAT Mumbai16 Jun 2022AY 2011-12

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadalejeni Abhay Shah Vs. Ito – 27(1)(5) 902, A Wing, Bldg Vashi Rly Station No.88, R.S. Money, Navi Mumabi – Supermarket, Vrushali 400701. Apartments, Tilak Nagar, Mumbai – 400089. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Axvps3431M Appellant .. Respondent Appellant By : None Respondent By : Shri S.N.Kabra.Sr.Dr Date Of Hearing 01.06.2022 Date Of Pronouncement 06.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of Cit(A)- National Faceless Appeal Centre (Nfac) Delhi Passed U/S 271(1)(C) & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal. Jeni Abhay Shah, Mumbai 1. The Ld. Ao Erred On Facts & In Law In Levying Penalty U/S 271(1)(C) On Adhoc & On Unverified Presumptive Addition Of Alleged Bogus Purchases.

For Appellant: NoneFor Respondent: Shri S.N.kabra.Sr.DR
Section 133(6)Section 143Section 143(3)Section 148Section 271(1)(c)

penalty proceedings u/s271(1)(c) of the Act, Since assessee has entered into bogus purchase transactions, the A.O relied on the findings in the scrutiny assessment and the assessee has not filed the reply/explanations in the penalty proceedings. Finally, the A.O has levied penalty based on the addition made ... scrutiny assessment, which worked out to Rs.24,612/- and passed the order u/s 271(1)(c) of the Act dated 28-03-2019. 4. Aggrieved by the penalty order, the assessee has filed an appeal with the CIT(A). The CIT(A) considered Jeni Abhay Shah, Mumbai the grounds

It0 25(3)(4), Mumbai vs. Minal Bharat Patel, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 5507/MUM/2018[2010-11]Status: DisposedITAT Mumbai14 Jun 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.5507/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2013-14) Ito-25(3)(4) बिधम/ Minal Bharat Patel Room No. 603, C-10, 6Th 602, Boston House, Suren Vs. Floor, Pratyakshkar Bhavan, Road, Andheri (E), Bandra Kurla Complex, Mumbai-400093. Bandra (E), Mumbai- 400093. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacpp5126G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vasudev Ginde & Kumar Kale Revenue By: Shri Ram Krishn Kedia सुनवाई की तारीख / Date Of Hearing: 30/05/2022 घोषणा की तारीख /Date Of Pronouncement: 14/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-37, Mumbai Dated 16.07.2018 For The Assessment Year 2013-14. 2. Brief Facts Of The Case Are That The Assessee Is An Individual. The Return Of Income Was Filed On 31.07.2013 Declaring Total Income Of Rs.16,36,740/-. The Return Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Subsequently, The Case Was Selected For Scrutiny By Issue Of Notice U/S 143(2) Of The Act. The Authorized Representative Appeared Before The Ao & Filed Details During The Assessment Proceedings. The Assessee Has Shown Short Term Capital Gain [Stcg] Of Rs.12,18,961/- & Long Term Capital Gain [Ltcg] Of Rs.17.01.85,391/- On Sale Of Shares. The Assessee Claimed Exemption U/S 10(38) Of The Act For The Entire Ltcg. Further, The Assessee Had Also Shown Ltcg Of Rs.1,00,31,538/- On Redemption

For Appellant: Shri Vasudev Ginde & Kumar KaleFor Respondent: Shri Ram Krishn Kedia
Section 10(38)Section 143(1)Section 143(2)

case. Moreover, it was brought to our notice that the AO in the assessment year for A.Y.2014-15 has accepted the same transaction in the scrutiny assessment u/s 143(2) of the Act (except in- respect of three scrips, where the reasons given by AO was that same were executed