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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

DCIT, Circle- 19(1), Delhi vs. Paramount Propbuild Pvt. Ltd., Delhi

In the result, the appeal of the Revenue is dismissed

ITA 2027/DEL/2025[2017-18]Status: DisposedITAT Delhi10 Sept 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwaldcit, Paramount Propbuild Pvt. Circle-19(1), Ltd. Delhi. Vs. 208, 2Nd Floor, Sikka Mansion, Lsc, Savita Vihar, New Delhi-110092. Pan:Aadcp522P (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv. & Shri Somil Aggarwal, Adv. Department By Shri Pradumna Kumar Singh, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 03.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Commissioner Of Income Tax (Appeals), 29, Delhi In Appeal No. Cit(A), Delhi-7/10457/2019- 20 Dated 24.01.2025 U/S 250 Of The Income Tax Act, 1961 Arising Out Of Order Passed U/S 143(3) Dated 08.04.2021 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Company & E-Filed Its Return Of Income On 21.11.2018 Declaring Total Income At Rs.2,80,29,572/-. The Case Of The Assessee Was Taken Up For Scrutiny & The Assessment Was Completed Wherein Disallowance Of Rs. 3,23,93,370/- Was Made Towards The Interest Paid On Funds Borrowed From Two Entities Namely M/S Sarvottam Securities Pvt. Ltd. & M/S Upaj Leasing Finance Company Ltd. By Holding That The Loan Taken From These Two Companies As Bogus. The Ld. Cit(A) Deleted The Disallowance So Made By Observing That Loans Taken From These Two Companies On Which The Interest Paid Is Disallowed In The Year Under Appeal Was Not Disputed By The Revenue Nor Held As Bogus In The Year When They

Section 143(3)Section 148Section 148ASection 250Section 263

Rs.4,52,68,500/-. The assessee filed revised return on 28.02.2018 showing total income of Rs.4,52,68,500/-. The case was selected for scrutiny assessment and order u/s 143(3) of the I.T Act, 1961 was passed on 26.12.2018 by determining income of Rs.4,55,45,110/- Subsequently

Mahatma Gandhi Nagri Sahakari Pat Sanstha Mydt Udgir, Latur vs. Income Tax Officer- Ward 1 -Latur, Latur

In the result, the appeal of the assessee is allowed

ITA 671/PUN/2025[2020-21]Status: DisposedITAT Pune09 Sept 2025AY 2020-21

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.670 & 671/Pun/2025 निर्धारण वर्ष / Assessment Years : 2018-19 & 2020-21 Mahatma Gandhi Nagri Sahakari Pat Sanstha Mydt Udgir, Bidar Road, Near Mahatma Gandhi Udyan, Udgir, Latur-413517 Pan: Aabam7649H अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-1, Latur Vs. प्रत्यर्थी / Respondent Miss Sailee Gujarathi (Virtual) Shri Ramnath P. Murkunde 02-07-2025 09-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Both Dated 10.01.2025 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac"] Pertaining To

For Appellant: Department byFor Respondent: Date of hearing
Section 142(1)Section 143(3)Section 80P(2)(a)Section 80P(2)(d)

after claiming deduction u/s 80P(2)(a)(i) of Rs.3,00,30,803/-. The case of the assessee was selected for complete scrutiny assessment under the E-assessment Scheme, 2019 on the following issues : (i) Bonus or Commission to Employee; (ii) Investment/Advances/Loans and (iii) Deduction from total income under Chapter ... member is deductible under Section 80P(2)(a)(i) of the Act, however, on verification of the case record at the stage of scrutiny assessment, it was noticed that the assessee had received interest on FDR's from the Cooperative banks and Nationalized banks amounting to Rs.18

M/S. City Union Bank, Kumbakonam vs. PCIT, Madurai

In the result, both the appeals for A

ITA 1479/CHNY/2025[2021-22]Status: DisposedITAT Chennai09 Sept 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1478 & 1479/Chny/2025 धनिाारण वर्ा / Assessment Year: 2020-21 & 2021-22 M/S. City Union Bank, Pcit No. 148-149, T.S.R Big Street, Vs. Madurai – 1. Kumbakonam – 621 001. Tamil Nadu. [Pan: Aaacc-1287-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Mr. S. Ananthan, Ca & Ms. R. Lalitha, Ca प्रत्यथी की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit. सुनवाई की तारीख/Date Of Hearing : 28.08.2025 घोर्णा की तारीख/Date Of Pronouncement : 09.09.2025

For Appellant: Mr. S. Ananthan, CA and Ms. R. Lalitha, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 17(2)Section 263Section 36(1)(vii)Section 36(1)(viia)

income electronically on 15.02.2021 admitting a total income of Rs.807,24,77,960/-. Later a notice u/s.143(2) of the Act was issued for scrutiny assessment and notices u/s.142(1) were issued calling for details and documents in support of various claims made by the assessee in the return ... ld.PCIT has invoked jurisdiction u/s.263 of the Act erroneously in contravention of the said provision. In the present case, the AO during the scrutiny assessment proceedings had called for the specific details in respect of all the issues dealt by the impugned order of the Ld. PCIT, by issuing notice

M/S. City Union Bank, Kumbakonam vs. PCIT, Madurai

In the result, both the appeals for A

ITA 1478/CHNY/2025[2020-21]Status: DisposedITAT Chennai09 Sept 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1478 & 1479/Chny/2025 धनिाारण वर्ा / Assessment Year: 2020-21 & 2021-22 M/S. City Union Bank, Pcit No. 148-149, T.S.R Big Street, Vs. Madurai – 1. Kumbakonam – 621 001. Tamil Nadu. [Pan: Aaacc-1287-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Mr. S. Ananthan, Ca & Ms. R. Lalitha, Ca प्रत्यथी की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit. सुनवाई की तारीख/Date Of Hearing : 28.08.2025 घोर्णा की तारीख/Date Of Pronouncement : 09.09.2025

For Appellant: Mr. S. Ananthan, CA and Ms. R. Lalitha, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 17(2)Section 263Section 36(1)(vii)Section 36(1)(viia)

income electronically on 15.02.2021 admitting a total income of Rs.807,24,77,960/-. Later a notice u/s.143(2) of the Act was issued for scrutiny assessment and notices u/s.142(1) were issued calling for details and documents in support of various claims made by the assessee in the return ... ld.PCIT has invoked jurisdiction u/s.263 of the Act erroneously in contravention of the said provision. In the present case, the AO during the scrutiny assessment proceedings had called for the specific details in respect of all the issues dealt by the impugned order of the Ld. PCIT, by issuing notice

DCIT-3(2)(1), Mumbai vs. Maharashtra Airport Development Company Limited, Mumbai

ITA 87/MUM/2024[2016-17]Status: DisposedITAT Mumbai09 Sept 2025AY 2016-17

Bench: Shri Saktijit Dey & Shri Prabhash Shankarmaharashtra Airport V/S. Assistant Commissioner Of Development Company बनाम Income Tax, Circle – 3(2)(1), Limited Room No. 608, Aayakar 8, World Trade Centre, Bhavan, Maharishi Karve Tower 1, 8Th Floor, Cuffe Road, Mumbai – 400020, Parade, Mumbai – 400005, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm9623M Appellant/अपीलार्थी .. Respondent/प्रतिवादी Deputy Commissioner Of V/S. Maharashtra Airport Income Tax, Circle – 3(2)(1), बनाम Development Company Room No. 608, 6Th Floor, Limited, 8, World Trade Aayakar Bhavan, Maharishi Centre, Tower 1, 8Th Floor, Karve Road, Mumbai – 400 Cuffe Parade, Colaba S.O. 020, Maharashtra Mumbai–400005, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm9623M Appellant/अपीलाथी .. Respondent/प्रतिवादी

For Appellant: Shri Rushabh Mehta, ARFor Respondent: Shri Ritesh Misra, (CIT DR)
Section 143(3)Section 57

provisions of SEZ Act, 2005. 4.2. Assessee filed its return of income on 20.10.2007 reporting total income at Rs. Nil. During the course of scrutiny assessment u/s 143 Maharashtra Airport Development Company Ltd., AY 2007-08 (2), ld. Assessing Officer rejected the assessee's claim of commencement of business