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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

Protech Packaging Pvt. Ltd, Patna vs. ITO, Ward, 2(2), Patna

In the result, appeal of the assessee stands partly allowed for

ITA 214/PAT/2025[2015-16]Status: DisposedITAT Patna30 Sept 2025AY 2015-16

Bench: Shri Duvvuru Rl Reddy(Kz) Assessment Year : 2015-16 Protech Packaging Pvt Ltd., 3A, Vs. Ito, Ward 2(2), Patna Ground Floor, Pushpanjali Venkatesh, Budh Marg, Patna- 80000 Pan/Gir No. Aagcp 1473 K (Appellant) .. ( Respondent) Assessee By : None Revenue By : Shri Ashwani Kumar Singhal, Jcit Date Of Hearing : 28/08/2025 Date Of Pronouncement : 30/09/2025 O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 23.06.2023 In Appeal No.Cit(A), Patna -1/10147/2017-18 Passed For Assessment Year 2015-16. 2. The Appeal Is Time Barred By 607 Days. The Assessee Has Filed Condonation Petition Stating That The Order Of Ld Cit(A) Was Passed On 23.6.2023 & The Appeal Was Required To Be Filed Within 60 Days, However, Due To Serious Illness Of The Accountant Who Was Entrusted To Take Steps In P A G E 1 | 5 Assessment Year : 2015-16

For Appellant: NoneFor Respondent: Shri Ashwani Kumar Singhal, JCIT
Section 143(2)Section 56

business of manufacturing of aluminium caps. Return of income was filed on 30.09.2015 showing total income of Rs. Nil. The case was selected for scrutiny assessment. Accordingly, notices u/s 143(2) and 142(1) of the Income tax Act, 1961 were issued and served upon the assessee. In response

Jaybheri Enterprises, Visakhapatnam vs. Income Tax Officer, Circle-1(1), Visakhapatnam

ITA 410/VIZ/2025[2012-22]Status: DisposedITAT Visakhapatnam30 Sept 2025AY 2012-22

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.410/Viz/2025 (िनधा"रण वष"/Assessment Year:2021-22) Jaybheri Enterprises, Vs. Income Tax Officer, Visakhapatnam. Circle-1(1), Visakhapatnam. Pan: Aaofj1639A (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Sri C. Subrahmanyam, Ca राज" व "ारा/Revenue By: Sri Mn. Murthy Naik, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 24/09/2025 घोषणा की तारीख/Date Of 30/09/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 11/12/2024, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 144 R.W.S 144B Of The Income

For Appellant: Sri C. Subrahmanyam, CAFor Respondent: Sri MN. Murthy Naik
Section 133(6)Section 142(1)Section 143(1)(a)Section 143(2)Section 144Section 250Section 250(6)

assessee firm was initially processed as such U/s. 143(1)(a) of the Act. Subsequently, the case of the assessee firm was selected for scrutiny assessment U/s. 143(2) of the Act. 4. As the assessee firm, had despite sufficient opportunities, failed to comply with the notices issued

Naga Hanuman Solvent Oils Pvt Ltd, Visakhapatnam vs. Deputy Commissioner of Income Tax, Circle-3(1), Visakhapatnam

ITA 273/VIZ/2025[2014-15]Status: DisposedITAT Visakhapatnam30 Sept 2025AY 2014-15

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.273/Viz/2025 (िनधा"रण वष"/Assessment Year:2014-15) Naga Hanuman Solvent Vs. Deputy Commissioner Oils (Pvt) Ltd., Of Income Tax, Visakhapatnam. Circle-3(1), Visakhapatnam. Pan: Aaccn1547J (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 24/09/2025 घोषणा की तारीख/Date Of 30/09/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 21/02/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) R.W.S. 263

For Appellant: Sri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 143(3)Section 263

along with agriculture income of Rs. 33,87,382/-. Subsequently, the case of the assessee company was selected for scrutiny assessment under Section 143(2) of the Act. 4. Originally, assessment was passed by the AO U/s. 143(3) of the Act, dated 29/12/2016. 5. Thereafter, the Learned Principal Commissioner