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“limited scrutiny”

Assessment ProceduresSection 143(3)Section 143(3)2,866 judgments

The decision most relied on for limited scrutiny is Vipan Khanna v. CIT (255 ITR 220), cited in 140 judgments on BharatTax.

Leading authorities on limited scrutiny

Vipan Khanna v. CIT
255 ITR 220 · 2002 · High Court
140
citing judgments

Assessment proceedings conclude and become final if a scrutiny notice under Section 143(2) is not served within the prescribed statutory period. This case also clarified the historical position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.

Duggal & Co. v. CIT
220 ITR 456 · 1996 · High Court
84
citing judgments

An assessment order becomes erroneous and prejudicial to the revenue under Section 263 if the Assessing Officer fails to conduct a proper inquiry or investigation, even if the return appears prima facie correct. The Income-tax Officer has a duty to investigate and cannot remain passive.

Amal Kumar Ghosh v. Asstt. CIT
361 ITR 458 · 2014 · High Court
39
citing judgments

The selection of cases for scrutiny must be completed within the time prescribed by CBDT instructions. The department is bound by its own standards and cannot act with discrimination or selectively apply them.

PCIT v. Weilburger Coatings (India) (P.) Ltd.
155 Taxmann.com 580 · 2023 · High Court
31
citing judgments

Assessing officers cannot introduce issues for inquiry that were not part of the original limited scrutiny, without adhering to mandatory procedural requirements.

Balvinder Kumar v. PCIT
125 Taxmann.com 83 · 2021 · High Court
25
citing judgments

An Assessing Officer cannot travel beyond the scope of issues selected for limited scrutiny during the assessment proceedings.

PCIT v. Shark Mines and Minerals (P.) Ltd.
151 Taxmann.com 71 · 2023 · High Court
25
citing judgments

Revisionary powers under Section 263 cannot be invoked to find fault with an assessment order on an issue not covered by 'limited scrutiny' where the Assessing Officer could not have examined such an issue.

CIT v. Smt. Padmavathi
120 Taxmann.com 187 · 2020 · High Court
20
citing judgments

An assessment order cannot be held erroneous and prejudicial to revenue if the Assessing Officer (AO) could not have travelled beyond the issues forming the subject matter of 'limited scrutiny'. The Principal Commissioner of Income Tax (PCIT) cannot invoke Section 263 to set aside an assessment on grounds not forming part of the limited scrutiny.

Mahanagar Telephone Nigam Ltd. v. Chairman, Central Board of Direct Taxes and Another
246 ITR 173 · 2000 · High Court
13
citing judgments

An Assessing Officer can initiate reassessment proceedings under Section 147 even if a scrutiny notice under Section 143(2) was not issued within the prescribed time, provided the conditions for Section 147 are met. An intimation under Section 143(1)(a) does not preclude recourse to Section 147.

Judgments citing limited scrutiny

Vijayraj Nagari Sahakari Patsanstha Maryadit, Pune vs. Income Tax Officer, Ward 8(3), Pune

In the result, the appeal of the assessee stands allowed

ITA 592/PUN/2024[AY2017-18]Status: DisposedITAT Pune16 May 2024

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.592/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Vijayraj Nagari Sahakari Vs. Ito, Ward-8(3), Pune. Patsanstha Maryadit, S.No.80/1/22, Kunj Residency, Sudarshan Nagar, Pimple Gaurav- 411027. Pan : Aacav1042J Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Manoj Tripathi Date Of Hearing : 01.05.2024 Date Of Pronouncement : 16.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.03.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Assessing Officer Erred In Making The Disallowance Of Deduction U/S 80P Of The Income Tax Act 1961 Of Rs.38,79,392/-, Disregarding The Appellant’S Contentions & Submissions In Support Of Its Claim.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Manoj Tripathi
Section 142(1)Section 143(2)Section 8Section 80PSection 80P(2)(a)Section 80P(2)(d)

declaring total income of Rs.78,990/-, after claiming deduction of Rs.38,79,392/- u/s 80P of the IT Act. The case was selected for limited scrutiny under CASS in order to verify large deduction under chapter VI-A & low income in comparison to high loans/advances. The AO issued notice

Rajalakshmi Reneabl;Es Private Limited, Chennai vs. ITO, Corporate Ward-5(4), Chennai

The appeal stand allowed for statistical purposes

ITA 1395/CHNY/2023[2017-18]Status: DisposedITAT Chennai13 May 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1395/Chny/2023 (िनधा9रण वष9 / Assessment Year: 2017-18) M/S. Rajalakshmi Renewables Private Ltd. Ito बनाम/ #66, Kurunji, New Avadi Road, Kilpauk, Corporate Ward-5(4) Vs. Chennai-600 010. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcs-0503-N (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri N. Arjun Raj (Advocate)-Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Dr सुनवाई की तारीख/Date Of Hearing : 09-05-2024 घोषणा की तारीख /Date Of Pronouncement : 13-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N. Arjun Raj (Advocate)-Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. DR
Section 143(2)Section 143(3)Section 14ASection 194ASection 271BSection 40

Considering the period of delay, the delay is condoned. 2. From case records, it emerges that the assessee’s case was selected for ‘limited scrutiny’ vide notice u/s 143(2) dated 23-08-2018, a copy of which is on record. The point to be covered therein was to examine ... sought another opportunity of hearing before Ld. CIT(A) and also submitted that the only issue to be examined by Ld. AO in ‘limited scrutiny’ was to determine ‘expenses incurred for earning exempt income’ and nothing beyond. The impugned disallowance u/s 40(a)(ia) as well as initiation of penalty

The Shi vs. Amarth Multistate Co. Operative Credit Society Ltd., Sataravs.ITO Ward 1, Satara

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

ITA 188/PUN/2024[2018-19]Status: DisposedITAT Pune09 May 2024AY 2018-19

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.188/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 The Shivsamarth Multistate Vs. Ito, Ward-1, Satara. Co-Operative Credit Society Ltd., House No.211, Matoshree Krupa, Back Side, Talmavale High School, Patan, Satara- 415103. Pan : Aadat3637N Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri A. K. Mahala Date Of Hearing : 24.04.2024 Date Of Pronouncement : 09.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A), National Faceless Appeal Centre (Nfac); Erred In Law & On Facts In Passing An Appellate Order Without

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri A. K. Mahala
Section 142(1)Section 143(2)Section 143(3)Section 194ISection 40Section 40ASection 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

taxable income was declared as NIL in the return. The case of the appellant was selected for limited scrutiny under CASS and notice u/s 143(2) of the IT Act was issued to the appellant on 3 22.09.2019. The appellant filed his submission on 16.03.2020 before the Assessing Officer. After