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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Shri Chandulal Dahyabhai Zaloriya, Halvad, Dist. Morbi vs. The Pr. CIT-1, Rajkot

In the result, assessee’s appeal is allowed

ITA 165/RJT/2022[2017-18]Status: DisposedITAT Rajkot31 Oct 2023AY 2017-18

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 165/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2017-18) Shri Chandulal Principal Commissioner बनाम/ Dahyabhai Zaloriya Of Income Tax Vs. C/O Patel Wire Agency, Rajkot-1 Station Road, Halvad, Dist. Morbi, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acepp2130L .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. K. Takvani, A.R. अपीलाथ" ओर से /Appellant By : Shri Shramdeep Sinha, Sr.D.R. ""यथ" क" ओर से / Respondent By : सुनवाई क" तार"ख / Date Of 16/10/2023 Hearing घोषणा क" तार"ख /Date Of 31/10/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 10.03.2022 Passed By The Principal Commissioner Of Income Tax, Rajkot-1 (In Short ‘Pcit’) Arising Out Of The Order Dated 10.12.2019 Passed By The Ito, Ward-2, Morbi Under Section 143(3) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Year 2017-18. Ita No. 165/Rjt/2022 (Shri Chandulal Dahyabhai Zaloriya Vs. Pcit) A. Y. 2017-18 - 2- 2. We Have Heard The Rival Submissions Made By The Respective Parties & We Have Also Perused The Relevant Materials Available On Record.

For Appellant: Shri Shramdeep Sinha, Sr.D.R
Section 142(1)Section 143(2)Section 143(3)Section 263

Counsel appearing for the assessee. 6. It is a fact that the order passed under Section 143(3) of the Act in limited scrutiny in respect of the issue of “share capital/capital” was finalized by the Ld. AO upon making requisite enquiry in the matter and finally accepted the returned ... sufficient enough to reopen the scrutiny proceeding on a different issue other than the one posed to the Ld. AO in limited scrutiny. We, therefore, find substance in the submissions made by the Ld. AO. We also find that the Ld. DR has failed to bring any such judicial pronouncement

M/S Al Kanz Money Exchange Pvt Ltd, Thrissur vs. ITO, Ward 1(1), Thrissur

In the result, the assessee’s appeal is partly allowed and partly allowed for statistical purposes

ITA 902/COCH/2022[2017-18]Status: DisposedITAT Cochin30 Oct 2023AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Dasal Kanz Money Exchange Pvt. Ltd The Income Tax Officer 551, Kalliarambil Memorial Bldg. Ward – 1(1), Kaipamangalam P.O. Vs. Thrissur Moonnupedika, Thrissur 680681 [Pan:Aahca8425H] (Appellant) (Respondent) Assessee By: Shri P.K. Jayan, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Directed Against The Part-Allowance Of It’S Appeal Contesting It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (The Act) Dated 20.12.2019 For Assessment Year (Ay) 2017-18, By The Commissioner Of Income Tax Appeals-3, Kochi [Cit(A)] Vide His Order Dated 28.07.2022. 2. The Assessee-Company Is In The Business Of Money Exchange, I.E., Buying & Selling Foreign Exchange. As Explained To Us During Hearing, Persons Visiting Kerala From Abroad Are It’S Clients, Who Tender Foreign Currency Thereto, Which In Turn Is Exchanged By The Assessee With Authorised Dealers, Earning A Small Commission. It Has Necessary Approvals From The Regulatory Authorities. It Returned An Income Of Rs.(-)21,523For The Year, Which Was Initially Subject To A Limited Scrutiny In View Of Large Cash Withdrawals (From The Bank). The Scope Was Later Enhanced To Complete

For Appellant: Shri P.K. Jayan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 133ASection 143(3)Section 271ASection 292C

necessary approvals from the regulatory authorities. It returned an income of Rs.(-)21,523for the year, which was initially subject to a limited scrutiny in view of large cash withdrawals (from the bank). The scope was later enhanced to complete ITANo. 902/Coch/ 2022 (AY 2017-18) Al Kanz Money Exchange

The B S N L Emp Ccs Limited, Guntur vs. Income Tax Officer, Ward -2(1), Guntur

In the result, appeal of the Revenue is dismissed

ITA 167/VIZ/2023[2020-21]Status: DisposedITAT Visakhapatnam18 Oct 2023AY 2020-21

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.165-167/Viz/2023 (ननधधारण वर्ा / Assessment Year :2017-18, 2018-19 & 2020-21) The B.S.N.L.Emp. C.C.S.Ltd. Vs. Income Tax Officer No.Z 613, Chilakaluripet Ward-2(1) Guntur Guntur [Pan : Aaeat2982P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Madhukar Aves, Dr सुनवधई की तधरीख / Date Of Hearing : 06.09.2023 घोर्णध की तधरीख/Date Of Pronouncement : 18.10.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeal) [Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Vide Orders Dated 29.03.2023 & 30.03.2023 For The Assessment Year (A.Y.)2017-18, 2018-19 & 2020-21. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.165/Viz/2023. 2. Brief Facts Of The Case Are That The Assessee Society, The B.S.N.L.Emp C.C.S Ltd Registered With Cooperative Society No.Z.613, Chilakaluripet

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri Madhukar Aves, DR
Section 143(1)Section 143(3)Section 80P

Rs.21,28,318/-. The return of income was processed u/s 143(1) of the Act on 15.06.2018. Subsequently, the case was selected for limited scrutiny for examination of issue of claim of deduction u/s 80P of the Act. The Assessing Officer (AO) after issuing statutory notices completed the assessment

The B S N L Emp Ccs Limited, Guntur vs. Income Tax Officer, Ward -2(1), Guntur

In the result, appeal of the Revenue is dismissed

ITA 166/VIZ/2023[2018-19]Status: DisposedITAT Visakhapatnam18 Oct 2023AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.165-167/Viz/2023 (ननधधारण वर्ा / Assessment Year :2017-18, 2018-19 & 2020-21) The B.S.N.L.Emp. C.C.S.Ltd. Vs. Income Tax Officer No.Z 613, Chilakaluripet Ward-2(1) Guntur Guntur [Pan : Aaeat2982P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Madhukar Aves, Dr सुनवधई की तधरीख / Date Of Hearing : 06.09.2023 घोर्णध की तधरीख/Date Of Pronouncement : 18.10.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeal) [Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Vide Orders Dated 29.03.2023 & 30.03.2023 For The Assessment Year (A.Y.)2017-18, 2018-19 & 2020-21. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.165/Viz/2023. 2. Brief Facts Of The Case Are That The Assessee Society, The B.S.N.L.Emp C.C.S Ltd Registered With Cooperative Society No.Z.613, Chilakaluripet

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri Madhukar Aves, DR
Section 143(1)Section 143(3)Section 80P

Rs.21,28,318/-. The return of income was processed u/s 143(1) of the Act on 15.06.2018. Subsequently, the case was selected for limited scrutiny for examination of issue of claim of deduction u/s 80P of the Act. The Assessing Officer (AO) after issuing statutory notices completed the assessment