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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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Key Point Technologies (India) Private Limited, Hyderabad vs. ACIT, Circle 2(1), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 252/HYD/2021[2016-17]Status: DisposedITAT Hyderabad08 May 2024AY 2016-17

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha, G. Hon’Ble Accounant Member Assessment Year: 2016-17 Key Point Technologies Vs. The Assistant Commissioner (India) Private Limited, Of Income Tax, Rajaprasadamu, Circle – 2(1), Level 2, Wing 1B & 2, Hyderabad. Botanical Gardens Road, Kondapur, Hyderabad – 500 084. Pan : Aadck1115A (Appellant) (Respondent) Assessee By: Shri Ravi Bharadawaj, C.A. Revenue By: Shri Kumar Pranav, Cit-Dr Date Of Hearing: 06.05.2024 Date Of Pronouncement: 08.05.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2016-17 Arises From The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dt.23.04.2021 Invoking Proceedings Under Section 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (In Short, “The Act”). 2. The Brief Facts Of The Case Are That Assessee Is A Company Engaged In The Development Of Mobile Application Software – User Interface Technology. The Assessee Company Filed Its Return Of Income For A.Y. 2016-17 On 30.11.2016 Admitting A Loss Of Rs.84,13,338/- & Deemed Total Income U/S 115Jb Of The Act Was Admitted At (-) Rs.84,83,289/-. The Return Filed Was Taken Up For Limited Scrutiny To Verify Whether Value Of International Transactions Is Correctly Shown In Form 3Ceb & Return Of Income. Accordingly, A Notice U/S 143(2) Of The Act Was Issued To The Assessee On 17.07.2017. In Response To The Notices, Assessee Furnished Information Called For & The Same Was Verified.

For Appellant: Shri Ravi Bharadawaj, C.AFor Respondent: Shri Kumar Pranav, CIT-DR
Section 115JSection 143(2)Section 143(3)Section 144C(1)Section 144C(5)Section 92C

deemed total income u/s 115JB of the Act was admitted at (-) Rs.84,83,289/-. The return filed was taken up for limited scrutiny to verify whether value of international transactions is correctly shown in Form 3CEB and return of income. Accordingly, a notice

Kavitha Harish Raney, Hyderabad vs. Income Tax Officer, Ward 7(3), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 506/HYD/2023[2016-2017]Status: DisposedITAT Hyderabad07 May 2024AY 2016-2017

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No. 506/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2016-17) Smt. Kavitha Harish Raney Vs. Income Tax Officer Hyderabad Ward 7(3) Pan:Acbpr3983L Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Pawan Kumar Chakrapani, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 01/05/2024 घोषणा की तारीख/Pronouncement: 07/05/2024 आदेश/Order Per Laliet Kumar, Jm. This Appeal Filed By The Assessee Is Directed Against The Order Dated 1/9/2023 Of The Learned Cit (A) Nfac Delhi, Relating To A.Y.2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Resident Individual, Deriving Income From Business & Profession & Has Filed Her Return Of Income For The Assessment

For Appellant: Shri Pawan Kumar Chakrapani, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(2)

Raney Year 2016-17 on 14.11.2017 by admitting Gross Total Income of Rs. 6,04,857/-. The case of the assessee was selected for limited scrutiny under CASS due to the following reasons:- 1. Whether value of exports and imports has been correctly shown in Return of Income. 2. Whether