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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

Dy CIT, CC-6(3), Mumbai vs. M/S. Marathon Nextgen Realty Ltd, Mumbai

ITA 797/MUM/2021[2012-13]Status: DisposedITAT Mumbai25 Mar 2022AY 2012-13

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 797/मुं/2021 ("न. व. 2012-13 ) आअसं. 798/मुं/2021 ("न. व. 2011-12 ) आअसं. 799/मुं/2021 ("न. व. 2010-11) Dy. Commissioner Of Income Tax, Central Circle – 6(3), Room No.1926, 19Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ..... अपीलाथ" /Appellant बनाम Vs. M/S. Marathon Nextgen Realty Limited, Marathon Futurex Mafatlal Mill Compound, N.M.Joshi Marg, Lower Parel, Mumbai 400 013. Pan: Aaacp-8032-E ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri J.P. Bairagra With Ms. Rupa Nanda ""तवाद" "वारा/Respondent By : Shri C.T. Mathews सुनवाई क" "त"थ/ Date Of Hearing : 23/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 25/03/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Three Appeals By The Revenue Are Directed Against The Orders Of Commissioner Of Income Tax(Appeals)-54, Mumbai [In Short ‘ The Cit(A)’], For The 2

For Appellant: Shri J.P. Bairagra with Ms. Rupa NandaFor Respondent: Shri C.T. Mathews
Section 147Section 148

change of opinion. The ld. Authorized Representative for the assessee submitted that no new material came to the knowledge of the Assessing Officer after scrutiny assessment u/s. 143(3) of the Act. Reopening on the basis of re-appreciation of very same material is a clear case of ‘change ... been reopened as the assessee allegedly made inaccurate claim of deduction u/s. 80IA of the Act. The assessee has furnished a copy of original scrutiny assessment order dated 30/03/2013 passed u/s. 143(3) of the Act at page 43 of the Act paper book. While framing the assessment

ACIT Circle-2 (1)(1), Mumbai vs. M/S Madura Garments Lifestyle Retail Co. Ltd (Now Merged With Aditya Birla Finance Ltd), Mumbai

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

ITA 96/MUM/2020[2014-15]Status: DisposedITAT Mumbai16 Mar 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Amarjit Singh () Assessment Year: 2014-15 Acit, Circle-2(1)(1), M/S Madura Garments Lifestyle Room No. 561, 5Th Floor, Aayakar Vs. Retail Co. Ltd. (Now Merged With Bhavan, M.K. Road, Aditya Birla Finance Ltd.), Mumbai-400020. 18Th Floor, One Indiabulls Centre, Tower-1, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013. Pan No. Aafcm 0483 M Appellant Respondent Assessment Year: 2014-15 Aditya Birla Finance Ltd., Dy. Cit Circle-2(1)(1), (Successor Of M/S Madura Vs. Room No. 561, 5Th Floor, Aayakar Garments & Lifestyle Retail Bhavan, M.K. Road, Company Ltd.) Mumbai-400020. 18Th Floor, One Indiabulls Centre, Tower-1, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013. Pan No. Aafcm 0483 M Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Jishaan Jain, Ars Revenue By : Mr. S.N. Kabra, Dr Date Of Hearing : 22/02/2022 Date Of Pronouncement : 16/03/2022

For Appellant: Mr. Yogesh Thar &For Respondent: Mr. S.N. Kabra, DR
Section 14ASection 37(1)

accessories. The assessee filed return of income on 28/11/2014 declaring Nil income. The return of income filed by the assessee was selected for the scrutiny assessment and statutory notices under the Income Tax Act, 1961 (in short ‘the Act’) were issued and complied with. Due to merger of the company