← All Phrases

“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

Blues Innovations India P. Ltd, Mumbai vs. ITO-12(1)(3), Mumbai

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

ITA 1331/MUM/2021[2014-15]Status: DisposedITAT Mumbai07 Jun 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalblues It Innovations Vs. Ito – 12(1)(3) India Pvt Ltd., Ab 145A, Aayakar B-101, Bhumi Enclave, Bhavan, Mahaveer Nagar, Mumbai -400020. Kandivali (W) Mumbai – 400067. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb4562D Appellant .. Respondent Appellant By : None Respondent By : Shri Pramod Nikalje.Dr Date Of Hearing 15.06.2022 Date Of Pronouncement 20.06.2022 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 Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Shri Pramod Nikalje.DR
Section 142(1)Section 143Section 143(2)Section 143(3)Section 271(1)Section 271(1)(c)

challans, and other details. However, the assessee could not file the details before the Blues IT Innovation India Pvt Ltd, Mumbai completion of the scrutiny assessment and therefore the A.O. made addition of Rs.13,00,711/-. Similarly A.O. made disallowance of expenses as the details were not filed and estimated ... proceedings u/s271(1)(c) of the Act, Since the 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 additions of bogus

Inventurus Knowledge Solutions Pvt Ltd, Mumbai vs. PCIT, Mumbai 6

ITA 246/MUM/2022[2016-17]Status: DisposedITAT Mumbai03 Jun 2022AY 2016-17

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.246/मुं/2022 ("न.व. 2016-17) Inventurus Knowledge Solutions Pvt. Ltd. 801, Mindspace Business Park Pvt. Ltd., Building No.5 & 6, Thane Belapur Road, Airoli East, Navi Mumbai – 400 708. Pan: Aabci-5573-J ...... अपीलाथ" /Appellant बनाम Vs. Pcit,Mumbai -6 Circle 15(1)(2) Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri S.C.Tiwari, Advocate ""तवाद" "वारा/Respondent By : Shri Jayant Jhaveri सुनवाई क" "त"थ/ Date Of Hearing : 09/03/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 03/06/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri S.C.Tiwari, AdvocateFor Respondent: Shri Jayant Jhaveri
Section 10ASection 143(2)Section 143(3)Section 263

respect of said unit. The ld.Authorized Representative for the 3 assessee submitted that all these details were available before the Assessing Officer. During scrutiny assessment proceedings the Assessing Officer had made necessary enquiries, hence, it is not a case of lack of enquiry. In proceedings before the PCIT the assessee ... passed on application of mind. 4. Per contra, Shri Jayant Jhaveri representing the Department vehemently defended the impugned order and submitted that during scrutiny assessment proceedings the Assessing Officer did not call for any details. No questionnaire was issued while issuing notice under section

Rrc International Freight Services Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 1(3)(1), Mumbai

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

ITA 4758/MUM/2017[2010-11]Status: DisposedITAT Mumbai31 May 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.4758/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2010-11) M/S. Rrc International बिधम/ Acit Circle-1(3)(1) Freight Services Ltd. 5Th Floor, Aayakar Vs. Great Social Building, 2Nd Bhavan, M. K. Road, Floor, 60, Sir P.M. Road Mumbai-400020. Fort, Mumbai-400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccr3533J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri M. P. Ahuja (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 23/05/2022 घोषणा की तारीख /Date Of Pronouncement: 31/05/2022 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)-03, Mumbai Dated 19.04.2017 For The Assessment Year 2010-11. 2. None- Appeared For The Assessee Despite Notices Being Served Upon It & The Mater Being Listed Nineteens (19) Times Before & The Matter Is Pending From 2017 Onwards & No Adjournment Application Has Been Brought To Our Notice, So We Are Inclined To Decide The Appeal Ex-Parte Qua Assessee. 3. The First Ground Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) In Upholding The Reopening Of The Assessment U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Holding It As Valid In Law Thereby Dismissing The Legal Issue Raised By Assessee Challenging Its Validity.

For Appellant: NoneFor Respondent: Shri M. P. Ahuja (Sr. AR)
Section 115JSection 133(6)Section 143(3)Section 147Section 148

Rs.5,62,54,912/. Later on the case of the assessee was selected for scrutiny u/s 143(3) of the Act and the scrutiny assessment order was passed on 31.12.2012 determining total income at Rs.1,78,75,374/-. Thereafter, the assessment was reopened by issuance of notice ... assessment which was dismissed by the Ld. CIT(A) by holding as under: - “6.2 The appellant further submitted that the case was selected for scrutiny assessment u/s 143(3) of the Act. It had disclosed all the facts truly and fully at the time of original assessment. Thus initiation