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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

M/S. Maheshwari Logistics Private Limited, Vapi vs. Principal Commissioner of Income Tax, Valsad

In the result, appeal of the assessee is allowed

ITA 377/SRT/2023[2018-19]Status: DisposedITAT Surat25 Sept 2023AY 2018-19

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.377/Srt/2023 ("नधा"रणवष" / Assessment Year: (2018-19) (Virtual Court Hearing) Maheshwari Logistics Ltd. Principal Commissioner Of Income Tax, Valsad, Room No.301, 3Rd Floor, Shed No.A2-3/2 Mll House, Vs. Opp. Upl, 1St Phase, Gidc, Income Tax Office, Palak Arcade, Pali Vapi, Valsad-396195 Hill, Santi Nagar, Tithal Road, Valsad- 396001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecm 8332 N (अपीलाथ" /Appellant) (""थ"/Respondent) िनधा"रती की ओर से /Assessee By : Shri Sakar Sharma, C.A राज"व क" ओर से /Respondent By: Shri Ashok B. Koli, Cit-Dr

For Appellant: Shri Sakar Sharma, C.AFor Respondent: Shri Ashok B. Koli, CIT-DR
Section 143(3)Section 263

selected was for limited reasoning. 2) As per the guidelines of CBDT the reasons for which scrutiny has been selected in the case of “Limited Scrutiny” are to be informed to assessee and accordingly we were informed by the Learned A.O in ITA No. 377/SRT/2023 A.Y.18-19 Maheshwari Logistics ... issue of claim of depreciation separately. 6) It has been held by various benches of Hon. ITAT, that if assessee’s case is of limited scrutiny to examine particulars issues, then the assessment order cannot be held to be erroneous and prejudicial to the interest of revenue