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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Green Bio Tech, Hyderabad vs. Income Tax Officer, Ward-15(1), Hyderabad

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

ITA 529/HYD/2023[2018-19]Status: DisposedITAT Hyderabad19 Jan 2024AY 2018-19

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No. 529/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Green Bio Tech Vs. Income Tax Officer Hyderabad Ward 15(1) Pan:Aaifg4254G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate T. Chaitanya Kumar राज" व "ारा/Revenue By:: Smt. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 18/01/2024 घोषणा की तारीख/Pronouncement: 18/01/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Ex-Parte Order Dated Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2018-19. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Ex-Parte Order Of The Learned Cit (A) Nfac In Confirming The Penalty Of Rs.22,78,444/- Levied By The Assessing Officer U/S 270A Of The Act.

For Appellant: Advocate T. Chaitanya KumarFor Respondent: : Smt. Sheetal Sarin, DR
Section 143(3)Section 270ASection 40A(3)

instant case filed the return of income on 11.10.2019 declaring total income of Rs.36,72,970/- and the case was selected for limited scrutiny under CASS. The assessment was completed u/s 143(3) of the Act determining the total income at Rs.74,02,698/-. We find the Assessing Officer

M/S. Vysali Pharmaceuticals Ltd., Ernakulam vs. The PCIT, Kochi-1, Kochi

In the result, the assessee’s appeal is dismissed

ITA 847/COCH/2022[2017-2018]Status: DisposedITAT Cochin17 Jan 2024AY 2017-2018

Bench: Shri Sanjay Arora & Shri Manomohan Dasvysali Pharmaceuticals Ltd. The Principal Commissioner Ix/639, Edathala P.O. Of Income Tax -1 Vs. Ernakulam 683561 C.R. Building, I.S. Press Road [Pan:Aaacv 5491P] Kochi - 682018 (Appellant) (Respondent) Assessee By: Shri Narayanan P. Potty, Advocate Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 19.10.2023 Date Of Pronouncement: 17.01.2024 O R D E R Per Sanjay Arora, Am This Appeal By The Assessee Agitates The Revision Of It’S Assessment Under Section 143(3) Of Income Tax Act, 1961 (‘The Act’) Dated 30/10/2019 For Assessment Year (Ay) 2017-18 By The Principal Commissioner Of Income Tax-1, Kochi (Pr. Cit) Vide Order Under Section 263 Of The Act Dated 30.03.2022. 2. The 68-Day Delay In Filing The Appeal Is Explained By An Affidavit Dated 14.7.2023 By Shri A.D. Krishnan, Managing Director Of The Assessee-Company. We Find The Reasons Stated Therein As Genuine & Debilitative Of The Assessee’S Capacity In Filing The Appeal In Time. The Appeal Was Accordingly Admitted & The Hearing Proceeded With.

For Appellant: Shri Narayanan P. Potty, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(1)Section 143(3)Section 154Section 263Section 269SSection 36(1)(va)Section 44A

which the assessee filed rectification application u/s. 154 of the Act. Impending it’s disposal, the assessee’s case was selected under CASS for limited scrutiny on the following points: (a) Unsecured loan (b) Squared-up loans (c) Bonus and commission paid to employees ... purpose. 5.3 As regards the set off of brought forward depreciation, the same, as it appears, does not fall within the scope of limited scrutiny. This aspect, however, stands raised neither before the revisionary authority, nor before us and, accordingly, not responded to by the other side. We therefore

Jagdish Kumar, Haryana vs. Ward-1, Hissar

In the result, the appeal of the assessee is dismissed

ITA 727/DEL/2022[2017-18]Status: DisposedITAT Delhi15 Jan 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2017-18 Jagdish Kumar, Vs Pr. Cit, H. No.570/20, Durga Colony, Rohtak, Hansi Distt., Haryana. Hisar, Haryana. Pan: Aizpk3090M (Appellant) (Respondent) Assessee By : None Revenue By : Mr. Waseem Arshad, Cit, Dr Date Of Hearing : 15.01.2024 Date Of Pronouncement : 15.01.2024 Order Per Anubhav Sharma, Jm: This Is Appeal Preferred By The Assessee Against The Order Dated 25.02.2022 Of The Pr. Commissioner Of Income Tax (Hereinafter Referred To As Ld. Pcit) In Revision No.Pcit, Rohtak/Revision No.263/100000313559 Arising Out Of The Assessment Order Dated 28.12.2019 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-5, Hissar (Hereinafter Referred To As The Ld. Ao). 2. Heard & Perused The Record. None Appeared For The Assessee At The Time Of Hearing & The Notices Issued By Registered Covers Are Received Back With The Report Of Incomplete Address. We Have Gone Through The Record & Find That The Address As Provided By The Assessee & As Mentioned In The Assessment Orders & The Pcit Order Stand Mentioned On The Notices. The Bench Clerk Has Also Informed That Earlier A Request Was Received From The Assessee On Which A Phone Number Was Mentioned & Even On That Phone Number The Assessee/Appellant Has Been Informed. No More Opportunity Is Justified. The Ld. Dr Was Heard Who Supported The Order Of The Ld. Pcit.

For Appellant: NoneFor Respondent: Mr. Waseem Arshad, CIT, DR
Section 143(3)

examination was restricted to only cash deposits during demonetization period. We are of the considered view that although it was a case of limited scrutiny for the reason of large value cash deposits during demonetization period as compared to returned income it does not come up from the assessment order