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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

P. Ananthram, Coimbatore vs. ACIT, Non-Corporate Circle-2, Combatore Main Building, 63, Race Course Road, Coimbatore

In the result, the appeal of the assessee is allowed

ITA 155/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Dec 2022AY 2016-17

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.155/Chny/2021 िनधा"रण वष" /Assessment Year: 2016-17 P. Ananth Ram, The Asst. Commissioner Of 36, West Venkataswamy Road, Vs. Income Tax, R.S. Puram, Non Corporate Circle-2, Coimbtore – 641 002. Coimbatore. [Pan: Anxpa-6262-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri S. Marudhu Pandyan, Cit सुनवाई क" तारीख/Date Of Hearing : 21.12.2022 घोषणा क" तारीख /Date Of Pronouncement : 21.12.2022

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri S. Marudhu Pandyan, CIT
Section 143(3)Section 263Section 54

assessee is an individual and assessment was completed by the A.O u/s. 143(3) of the Act vide order dated 07.11.2018 in a limited scrutiny assessment. Subsequently, the PCIT issued show cause notice u/s. 263 of the Act by observing that the assessment framed by the A.O is erroneous insofar ... Tribunal. 6. We have heard rival contentions and gone through the facts and circumstances of the case. Admittedly, the A.O framed assessment for a limited scrutiny for the reason that “whether deduction from capital gains has been claimed correctly”. The assessee replied the same vide letter dated 26.05.2018 by filing

Shashikala Gupta, Hyderabad vs. ITO Ward-10(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 222/HYD/2022[2017-18]Status: DisposedITAT Hyderabad19 Dec 2022AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Smt. Shashikala Gupta Vs. Income Tax Officer Hyderabad Ward 10(1) Pan:Aaspg1838N Hyderabad (Appellant) (Respondent) Assessee By: Shri Darshan Jakharia, Ca Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 14/12/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.3.2022 Of The Learned Pr.Cit-1, Hyderabad, Relating To A.Y.2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed Her Return Of Income On 26.07.2017 For A.Y 2017-18 Admitting Income From House Property & Other Sources At Rs.3,66,720/-. The Case Was Selected For Scrutiny Under Cass & Issues On Which The Selection Was Made Was “Large Value Cash Deposited During Demonetization Period As Compared To Returned Income”. Notice U/S 143(2) Of The Act Dated 9.8.2018 Was Issued & Served Electronically On The Assessee As Well As Page 1 Of 15

For Appellant: Shri Darshan Jakharia, CAFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 263

Shashikala Gupta of such cash deposits made during the demonetization period. He submitted that the case was selected for limited scrutiny assessment solely for the reason of cash deposits during the demonetization period and the assessee has explained the source of such cash deposits before the Assessing Officer ... Assessing Officer has not verified these facts before accepting the returned income ignoring the fact that the case was selected for limited scrutiny to verify the cash deposits during the demonetization period. 10. We have heard the rival arguments made by both the sides, perused the orders

Raja Gopal Reddy Goli, Hyderabad vs. ITO Ward-11(5), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 139/HYD/2021[2015-16]Status: DisposedITAT Hyderabad19 Dec 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2015-16 Shri Raja Gopal Reddy Goli Vs. Income Tax Officer Hyderabad Ward 11(5) Pan:Bbwpg4389J Hyderabad (Appellant) (Respondent) Assessee By: Advocate Smt. S. Sandhya Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 13/12/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 6.6.2019 Of The Learned Pr.Cit-5 Hyderabad, Relating To A.Y.2015-16. 2. The Grounds Raised By The Assessee Read As Under: 1. The Order Of The Ld. Pr. Cit Is Erroneous Both On Facts & In Law. 2. The Ld. Pr. Cit Erred In Holding That There Is Error In The Order U/S 143(3) Dated 19.12.2017 3. The Ld. Pr. Cit Ought To Have Considered The Facts That The Assessing Officer While Completing The Assessment U/S 143(3) Considered All The Facts & Circumstances & Arrived At The Total Income. 4. The Ld. Pr. Cit Erred In Holding That The Assessment Order Is Erroneous & Is Prejudicial To The Interest Of The Revenue. 5. Any Other Ground That May Be Urged At The Time Of Hearing.“ Page 1 Of 12

For Appellant: Advocate Smt. S. SandhyaFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 143(2)Section 143(3)Section 263

from the said company. He filed his return of income on 30.09.2016 declaring total income at Rs.4,16,400/-. The case was selected for “limited scrutiny” under CASS guidelines. Accordingly, statutory notices u/s 143(2) of the I.T. Act were issued and served on the assessee in response to which ... return of for the AY 2015-16 was filed declaring total income at Rs. 4,16,400/-. The case was taken up for Limited scrutiny under CASS guidelines and scrutiny proceedings were completed u/s 143(3) of the Income tax Act on 19-12-2017 by accepting the income returned

Sanjay Co-Operative Credit Society Ltd, Thane vs. The Pr. Comm of Income Tax 1, Thane

In the result we allow the ground no

ITA 740/MUM/2022[2017-18]Status: DisposedITAT Mumbai13 Dec 2022AY 2017-18

Bench: Shri Kuldip Singh & Shri Gagan Goyalsanjay Co-Operative Credit Society Ltd., Sanjay Society Building, Uttam Naka, Bhayander, Thane-401106. Pan: Aacas3872P ...... Appellant Vs. Pcit-1, Ashar I.T. Park, 6Th Floor, Road No. 16Z, Wagle Indl. Estate, Thane-400604. ..... Respondent Appellant/Assessee By : Dr. Ravindra Nagesh Naik, Ca Respondent/Revenue By : Sh. Kailash Kanojia- Cit-Dr Date Of Hearing : 15/09/2022 Date Of Pronouncement : 13/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Assessee Is Directed Against The Order Of Under Section 263 Of The Income Tax Act, 19061 [For Short ‘The Act’] Vide Order Dated 17.03.2022 For Assessment Year (Ay) 2017-18. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Pcit-1, Thane Erred In Law & On Facts In Not Appreciating That All The Details/ Information Relating To Interest Income Were Submitted During The Scrutiny

For Appellant: Dr. Ravindra Nagesh Naik, CAFor Respondent: Sh. Kailash Kanojia- CIT-DR
Section 143(3)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

after claiming deduction of Rs 1,73,27,989/- under chapter VI A of the act. The case was selected for limited scrutiny under CASS for the following reasons. a) large deduction under chapter VIA from total income b) Low income in comparison to high loans /advances/investments in shares appearing

M/S Sun Direct Tv Private Limited, Chennai vs. ITO, NFAC, Chennai

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

ITA 861/CHNY/2022[2015-2016]Status: DisposedITAT Chennai30 Nov 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 861/Chny/2022 िनधा"रण वष"/Assessment Year:2015-16 M/S. Sun Direct Tv Private Limited, Vs. The Assistant Commissioner Of 73, Murasoli Maran Towers, Income Tax, Mrc Nagar Main Road, Non Corporate Circle 7(1), Chennai 600 028. Chennai. [Pan:Aaics7671L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Ramakrishnan, Ca ""थ" की ओर से/Respondent By : Shri R. Boopathi, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 24.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi, Dated 26.08.2022 Relevant To The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Filed Its Original Return Of Income For The Assessment Year 2015-16 On 24.11.2015 Admitting Total Loss At ₹.123,55,22,939/-. Subsequently, The Return Was 2

For Appellant: Shri K. Ramakrishnan, CAFor Respondent: Shri R. Boopathi, Addl. CIT
Section 143(3)

Subsequently, the return was 2 I.T.A. No.861/Chny/22 revised on 28.03.2017 admitting loss at ₹.119,68,88,305/-. The case was selected for limited scrutiny through CASS. After following due procedure, the Assessing Officer has completed the assessment under section 143(3) r.w.s. 144A r.w.s. 92CA of the Income

Invesco Asset Management (India) Private Limited, Mumbai vs. PCIT (Central), Mumbai-3, Mumbai

In the result, the appeal of the assessee is dismissed

ITA 700/MUM/2022[2017-18]Status: DisposedITAT Mumbai30 Nov 2022AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.700/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) Invesco Asset Management बिधम/ Pcit (Central), Mumbai- (India) Pvt. Ltd. 3 Vs. 21St Floor, 2101 “A” Wing, Room No. 612, 6Th Floor Marathon Futurex, Lower Aayakar Bhavan, Parel, Mumbai-400013. Maharshi Karve Road, Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccg3908J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Niraj Seth Revenue By: Shri K. C. Salvamani (Dr) सुनवाई की तारीख / Date Of Hearing: 02/11/2022 घोषणा की तारीख /Date Of Pronouncement: 30/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Action Of The Ld. Principal Commissioner Of Income Tax-3, Mumbai Dated 07.03.2022 For Assessment Year 2017-18 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Niraj SethFor Respondent: Shri K. C. Salvamani (DR)
Section 143(3)Section 263

Assessing Officer ought to have verified the issue of allowability of ESOP expenses inspite of the fact that the appellant’s case was selected “limited scrutiny” under CASS and that verification 3 A.Y. 2017-18 Invesco Asset Management India of ESOP expenses of Rs.11 ... CASS reasons. The appellant prays that it be held that the appellant’s case was selected for “limited scrutiny” and the action of the learned PCIT in setting aside the assessment made u/s.143(3) on the grounds that the Assessing Officer ought to have conducted inquiries on the allowability