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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

Pratik Enterprises, Navi Mumbai vs. Pr. CIT -27, Mumbai

In the result, the appeal of the assessee is allowed

ITA 644/MUM/2021[2015-16]Status: DisposedITAT Mumbai27 May 2022AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.644/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2015-16) Pratik Enterprises बिधम/ Pcit K/49, Apmc Phase 1, Mumbai-27 Vs. Sector No.19, Navi Mumbai, Thane-400703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aahfp5443M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nilesh T. Dedhia Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 12/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 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. Principal Commissioner Of Income Tax-27, Mumbai Dated 17.03.2021 For The Assessment Year 2015-16. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Pcit For Invoking His Jurisdiction U/S 263 Of The Income Tax Act [Hereinafter (‘The Act’)].

For Appellant: Shri Nilesh T. DedhiaFor Respondent: Shri H. N. Singh (DR)
Section 142(1)Section 143(3)Section 194ASection 263

Income Tax Act [hereinafter (‘the Act’)]. 3. The brief facts of the case are that the assessee is a firm which had undergone scrutiny assessment u/s 143(3) of the Act on 21.12.2017 wherein the total income of the assessee was determined at Rs.4,99,21,810/- as against

ITO - 6(2)(1), Mumbai vs. M/S Chanvim Engineering Pvt. Ltd, Mumbai

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

ITA 3594/MUM/2019[2013-14]Status: DisposedITAT Mumbai20 May 2022AY 2013-14

Bench: Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No. 3594/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) Ito-6(2)(1) बिधम/ M/S. Chanvim Enginering (I) 5Th Floor, Room No.513, Pvt. Ltd. Vs. Aayakar Bhavan, M. K. 3, Nanji Bldg, A.D. Marg, Road, Mumbai-400020. Sewree, Mumbai-400012. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc4729P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri M. Subramanian Revenue By: Shri R.A. Dhyani सुनवाई की तारीख / Date Of Hearing: 09/05/2022 घोषणा की तारीख /Date Of Pronouncement: 20/05/2022 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)- 12, Mumbai Dated 25.02.2019 For Assessment Year 2013-14. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition Made By The Ao U/S 68 Of The Act Of Rs.2,01,00,000/- (Accommodation Entry Of Loan) & Deleting The Addition Of Rs.4,02,000/- U/S 69C Of The Act (Commission). 3. The Brief Facts Of The Case Are That The Assessee Filed The Return Of Income Declaring Total Income Of Rs.28,43,280/-. The Ao Notes That The A.Y.2013-14 Chanvim Engg. (I) Pvt. Ltd. Assessee Is Engaged In The Activity Of Manufacturing Aluminium Roll Bond Evaporator Panel & Assessee Has Shown The Income From Profit & Gains From Business & Profession. The Case Was Selected For Scrutiny. According To The Ao, He Received An Information From The Office Of Investigation Wing, Mumbai That The Assessee Has Availed The Accommodation Entry From Bhanwarlal Jain Group Who Gives Accommodation Entry.

For Appellant: Shri M. SubramanianFor Respondent: Shri R.A. Dhyani
Section 271(1)(c)Section 68Section 69C

communicated the information and ledger account. On perusal of the information and documents, the contention of the assessee is found correct. Hence, the scrutiny assessment will be completed for the following financial transactions: - S. Name Particulars of Transactions No. (Financial Year and Amount) 1 Look At Me Retail