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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Cholan Paper and Board Private Limited, Chennai vs. PCIT-1 Chennai, Chennai

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

ITA 679/CHNY/2023[2018-19]Status: DisposedITAT Chennai07 Feb 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.679/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 Cholan Paper & Board Private Vs. The Principal Commissioner Of Limited,No. 1, Bukkathurai, Nh 45, Income Tax, Chennai-1, Bukkuathurai, Kancheepuram District, Chennai. Tamil Nadu 603 308. [Pan:Aaacc1363M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Quadir Hoseyn, Advocate & Dr.L. Natarajan, Ca ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 30.01.2024 घोषणा की तारीख /Date Of Pronouncement : 07.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Chennai-1, Chennai, Dated 28.03.2023 Relevant To The Assessment Year 2018-19 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri N. Quadir Hoseyn, Advocate &For Respondent: Shri Nilay Baran Som, CIT
Section 142(1)Section 143(1)Section 143(3)Section 263Section 40A(7)

under section 143(1) of the Act on 02.10.2019 and the income was assessed at ₹.13,10,210/-. Subsequently, the case was selected for limited scrutiny for verification of (i) duty drawback, (ii) unsecured loans & (iii) disallowance u/s. 40A(7) (Gratuity Provision). The assessment proceedings under section 143(3) r.w.s ... notice under section 142(1) of the Act, all the questions raised by the Assessing Officer mere with regard to loans only under “Limited Scrutiny” were replied. It was further submission that under column 6(M) of the statutory return, it was specifically mentioned that there was no provision

Devarshi Commercials LLP, Mumbai vs. DCIT -17(1), Mumbai

In the result, appeal of the assessee is partly allowed for statistical purpose

ITA 1894/MUM/2023[2018-19]Status: DisposedITAT Mumbai07 Feb 2024AY 2018-19

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.1894/मुं/2023 (िन.व. 2018-19) Devarshi Commercial Llp, 84-A, Mittal Court, Nariman Point, Mumbai 400 021 Pan: Aahfd-1854-E ...... अपीलाथ"/Appellant बनाम Vs. Dy. Commissioner Of Income-Tax-17(1), Mumbai, Kautilya Bhavan, Bandra (East) Mumbai – 400 051 ..... "ितवादी/Respondent Assessee By : Shri Madhur Agrawal, Advocate With Shri Nimesh Vora, Sr.A.R Revenue By : Ms. Agnes P. Thomas सुनवाई क" ितिथ/ Date Of Hearing : 30/11/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 07/02/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 31/03/2023, For The Assessment Year 2018-19. 2. The Assessee In Appeal Has Assailed The Order Of Cit(A) On Solitary Ground I.E. Disallowance Of Interest Claimed U/S. 57(Iii) Of The Income Tax Act, 1961 [In Short ‘The Act’]. The Assessee Vide Application Dated 16/10/2023 Raised Additional Grounds Of Appeal, The Same Read As Under:

For Appellant: Shri Madhur Agrawal, Advocate with Shri Nimesh Vora, Sr.A.RFor Respondent: Ms. Agnes P. Thomas
Section 111ASection 14ASection 36Section 57

Rs.2,29,20,562 u/s. 57 (iii) of the Act which was beyond its jurisdiction as the same was not a subject matter of 'limited scrutiny' assessment proceedings in which the assessment order was passed. 2. Failed to appreciate that the interest expenditure ... this belated stage. The ld. Departmental Representative submitted that Assessing Officer has acted within his jurisdiction and has not crossed the line of limited scrutiny. 5. We have heard the submissions made by rival sides on the issue of admission of additional grounds of appeal. After examining additional grounds