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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Sericulturists Cum Farmers Service Co-Operative Society Limited, Bengaluru vs. The Principal Commissioner of Income Tax-2, Bengaluru

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

ITA 425/BANG/2022[2017-18]Status: DisposedITAT Bangalore26 Sept 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Sericulturists Cum Farmers Service Co-Operative Society Ltd., The Principal 01Sfcs Building, Commissioner Of Near Bus Stop, Income Tax – 2, Sarjapura Town, Bengaluru. Vs. Anekal Taluk, Bengaluru – 562 125. Pan: Aaaas6468H Appellant Respondent Assessee By : Shri Nitesh Ranjan, Ca Revenue By : Shri Praveen Karanth, Cit-Dr Date Of Hearing : 14-09-2022 Date Of Pronouncement : 26-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 30/03/2022 Passed By Ld.Pr.Cit-2, Bangalore U/S. 263 Of The Act Relating To A.Y. 2017-18 On Following Grounds Of Appeal. Tax Effect Relating To Grounds Of Appeal Each Ground Of Appeal The Order Of The Learned Principal Commissioner Of Income-Tax, Bengaluru-2 ("Pr. Cit") Dated 30-Mar-2022, Passed Under I. Section 263 Of The Income-Tax Act,1961 ("The Act") N.A Insofar It Is Against The Appellant, Is Opposed To The Law, Weight Of Evidence, Facts & Circumstances Of The Appellant'S Case.

For Appellant: Shri Nitesh Ranjan, CAFor Respondent: Shri Praveen Karanth, CIT-DR
Section 143(2)Section 143(3)Section 263Section 57Section 68Section 80P(2)(a)Section 80P(2)(d)

Learned Assessing Officer issued second notice under section 143(2) of the Act during the VII. scrutiny assessment proceedings vide which he extended the limited scrutiny to cover verification of "cash deposits during the demonetization period" and verified all the details furnished before him by the appellant. The Learned Pr.CIT ... case, the Ld.AR submitted that assessing officer during the original assessment proceedings has issued notice u/s. 143(2) wherein details regarding the limited scrutiny Page 7 of 10 issues were filed based on which the assessment order has been passed. He submitted that the revisionary proceedings is mere change

Dy Commissioner of Income Tax-24(1), Mumbai vs. Bhavesh Surendra Shah, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 998/MUM/2022[2018-19]Status: DisposedITAT Mumbai22 Sept 2022AY 2018-19

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.998/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2018-19) Acit-24(1) बिधम/ Bhavesh Surendra Shah Room No.601, Piramal 34/P, Laxmi Industrial Vs. Chambers, Jeejeebhoy Estate, New Link Road, Lane, Lalbaug, Parel, Andheri-W, Mumbai- Mumbai-400012. 400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaeps0265M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Mr. Dalpat Shah Revenue By: Mr. Chetan Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 01/09/2022 घोषणा की तारीख /Date Of Pronouncement: 22/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 12.03.2022 For Ay. 2018-19. 2. The Grounds Of Appeal Of The Revenue Reads As Under: - “1. Whether On The Facts & In The Circumstances & In Law, The Ld. Cit(A) Erred In Allowing Deduction U/S 54(1) Of Rs.2,29,33,659/- Of The I. T. Act, 1961. 2. Whether On The Facts & In The Circumstances & In Law, The Ld. Cit(A) Erred In Not Appreciating The Fact That The Assessee Is Eligible For Deduction U/S 54(1) Of The I. T. Act, 1961 Provided The Assessee Invests In A New Capital Asset Within A Period Of One Year Before Or Two Years After The Date Transfer Of Old House, The Taxpayer Should Acquire Another Residential House Or Should Construct A Residential House Within A Period Of Three Years From The Date Of Transfer Of The Old House.

For Appellant: Mr. Dalpat ShahFor Respondent: Mr. Chetan Kacha (Sr. AR)
Section 54Section 54(1)

that the assessee filed the return of income on 09.10.2018 declaring total income of Rs.26,03,140/-. Later, the case was selected for limited scrutiny. The AO noted that the assessee has sold a residential house on 24.10.2017 for Rs.7,18,50,000/- and claimed exemption

Antonio Whitney Munroe, China vs. The Assistant Commissioner of Income Tax, Circle 35(1), Mumbai

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

ITA 1801/MUM/2022[2014-15]Status: DisposedITAT Mumbai15 Sept 2022AY 2014-15

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleantonio Whitney Vs. Acit-Circle 35(1), Munroe,4 Th Floor, Mumbai -400020. Thomson Reuters, Piramaltowers,Corporate Park,G.K.Marg, Lower Parel, West, Mumbai-400013 Pan/Gir No. Bahpm5057R Appellant .. Respondent Appellant By : Mr.K.K.Vaid,&Mr.A.K.Jawadwala.Ar Respondent By : Mr.Mr.Manoj Sinha.Dr Date Of Hearing 13.09.2022 Date Of Pronouncement 15.09.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-46 Mumbai Passed U/S 144 & 250 Of The Act. The Assessee Has Raised The Grounds Of Appeal That The Cit(A) Has Erred In Passing An Ex-Parte Order Confirming The Validity Of The Assesseement Order & The Cit(A) Also Has Erred In Non Granting Of Tds Credit &Foreign Tax Paid Credit. Antonio Whitney Munroe. 2. At The Time Of Hearing, The Ld.Ar Has Submitted That The Assessee Is A Resident Of China & Has Filed An Affidavit For Condonation Of Delay Of 48 Days In Filing The Appeal Before The Hon’Ble Tribunal & Explained That Due To Covid-19 Pandemic, The Filling Was Delayed & Relied On The Decision Of Hon’Ble Supreme Court In Respect Of Extension Of Period Of Limitation. We Find The Registry Has Issued Defect Notice To The Assessee Mentioning The Delay Of 806 Days In Filling The Appeal. On Application Of The Ratio Of Decision Of The Honble Supreme Court In Respect Of Extension Of Limitation Period, The Delay Is Restricted To 48 Days & The Ld.Dr Has No Specific Objections. Further We Are Satisfied With The Reasonable Cause Explained For Delay In Filling The Appeal & Accordingly We Condone The Delay & Admit The Appeal.

For Appellant: Mr.K.K.Vaid,&Mr.A.K.Jawadwala.ARFor Respondent: Mr.Mr.Manoj Sinha.DR
Section 144

return of income for A.Y.2014-15 disclosing a total income of Antonio Whitney Munroe. Rs.2,83,98,915/-Subsequently,the case was selected for limited scrutiny and the assessing officer has issued notice U/sec143(2) and 142(1) of the Act. Finally the Assesseement was completed U/sec144