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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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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 Majju Image & Brand Consultants Pvt Ltd, Bangalore vs. The Principal Commissioner of Income Tax, Bangalore

In the result, the appeal filed by the assessee stands allowed

ITA 2015/BANG/2018[2014-15]Status: DisposedITAT Bangalore14 Jul 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 M/S. Majju Image & Brand Consultants Pvt. Ltd., The Pr. No. G1, Accolade Commissioner Of Apartments, Income Tax, Millers Road, 2Nd Cross, Bangalore – 4, Benson Town, Vs. Bangalore. Bangalore – 560 046. Pan: Aaicm6586E Appellant Respondent : Shri B.S. Balachandran, Assessee By Advocate : Shri Sumer Singh Meena, Revenue By Cit-Dr Date Of Hearing : 14-07-2022 Date Of Pronouncement : 14-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order U/S. 263 Dated 25/01/2018 Passed By Ld.Pr.Cit, Bangalore – 4 For A.Y. 2014-15 On Following Grounds Of Appeal: “1. The Impugned Revisionary Order Passed By The Learned Principal Commissioner Of Income-Tax (Pcit) U/S.263 Dated; 25-01-2018 Is Opposed To The Facts Of The Case & The Law & Therefore, It Is Liable To Be Set-Aside.

For Respondent: Shri B.S. Balachandran
Section 142(1)Section 143Section 143(3)Section 263

development, etiquette training and communication skill of private individuals and corporate in India as well as abroad. The case was selected for limited scrutiny to verify large share premium received during the year. Assessee was issued notice u/s. 142(1) in respect of the same. On 20/06/2016, the Ld.AO passed ... revenue, as the Ld.AO specifically called for the details in respect of the issues for which the case of assessee was selected for limited scrutiny. The Ld.AR placed reliance on notice issued u/s. 142(1) which has been filed before us that reads as under: Page 10 of 15 Page

Shreerang Prakash Chikhalikar, Mumbai vs. ITO-1(3)(2), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 1359/MUM/2021[2015-16]Status: DisposedITAT Mumbai05 Jul 2022AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhshreerang Prakash Vs. Ito – 1(3)(2) Chikhalikar,501, 5Th Floor, Aayakar Sugan, Cumballa Hill Bhavan, M.K.Road, Road, Grant Road, Mumbai – 400020. Mumbai – 400036. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acdpc3706G Appellant .. Respondent Appellant By : Shri.Dm Shah.Ar Respondent By : Shri.Anoop Hiwase.Dr Date Of Hearing 29.06.2022 Date Of Pronouncement 05.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac), Delhi Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.DM Shah.ARFor Respondent: Shri.Anoop Hiwase.DR
Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 22Section 57

return of income was processed u/s 143(1) of the Act. Subsequently the Shreerang Prakash Chikhalikar, Mumbai case was selected for limited scrutiny under the CASS to examine the issues (i) Deductions from income from other sources /large deduction claimed u/s 57(ii) interest income mismatch / gross interest shown ... notice, the Ld. AR of the assessee appeared from time to time and submitted the details and the case was discussed. The limited scrutiny was converted into complete scrutiny to verify the possibility of escapement of income due to huge credits found in the assessee bank accounts

Asstt. CIT-32(1), Mumbai vs. Sunitaben Shantilal Patel, Mumbai

In the result, appeal of the Revenue is dismissed in terms of aforesaid findings

ITA 111/MUM/2021[2015-16]Status: DisposedITAT Mumbai01 Jul 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalasst. Commissioner Of Income Tax-32(1), Room No. 702, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051. ...... Appellant Vs. Sunitaben Shantilal Patel, 1903, Siddhivinayak Tower Chs Ltd. Link Road, Sudhendra Nagar, Dahisar (E), Mumbai-400068. Pan: Afhpp0267N ..... Respondent Appellant By : Sh. B.K. Bagchi, Sr. Dr Respondent By : Sh. Jigaar Mehta, Ar Date Of Hearing : 30/06/2022 Date Of Pronouncement : 01/07/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-44, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Vide Order Dated 13.08.2020 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: 1. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Rejecting The Audited Books Of Accounts & Reducing The Turnover To Rs. 9,50,35,865/- Against Turnover Of Rs. 12,05,07,568/- As Disclosed In The Audited Books Of Accounts.” 2. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Eliminating He Profits To 8% Of The Reduced Turnover Against Addition Of Rs. 8,49,87,993/- Made By The Ao.”

For Appellant: Sh. B.K. Bagchi, Sr. DRFor Respondent: Sh. Jigaar Mehta, AR
Section 142(1)Section 271(1)

return of income for the AY 2015-16 on 01.01.2016 declaring total income of Rs. 56,48,200/- . The case was selected for limited scrutiny; subsequently case was converted from limited scrutiny to complete scrutiny. Statutory notices under section 142(1) & 143(2) of the Income

M/S Microland Ltd, Bangalore vs. Principal Commissioner of Income Tax, Bangalore

In the result appeal filed by assessee stands allowed

ITA 1669/BANG/2018[2014-15]Status: DisposedITAT Bangalore29 Jun 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 M/S. Microland Ltd., The Principal Micropolis, # 236, 92/1A, Commissioner Of Konappana Agrahara, Income Tax, Electronic City Phase – 1, Bangalore -4, Bangalore – 560 100. Bangalore. Vs. Pan: Aabcm2704P Appellant Respondent Assessee By : Shri B.K. Manjunath, Ca : Shri V.S. Chakrapani, Cit Revenue By Dr Date Of Hearing : 02-06-2022 Date Of Pronouncement : 29-06-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessing Against Order Dated 16/04/2018 Passed By The Ld.Pr.Cit, Under Section 263 Of The Act, For Assessment Year 2014-15 On Following Grounds Of Appeal: “1. That The Above Order Of The Commissioner Of Income Tax In So Far It Is Against The Assessee Is Against The Law, Facts, Circumstances, Natural Justice, Equity & All Other Known Principles Of Law. 2. The Cit Erred In Assuming Jurisdiction U/S 263 Without First Satisfying That The Assessment Order Suffered From An Error Which Is Prejudicial To Interest Of Revenue.

For Appellant: Shri B.K. Manjunath, CA
Section 142Section 143Section 143(1)Section 143(3)Section 263

29/11/2014, declaring total income of ₹ 53,17,41,650/-. The same was processed under section 143(1) and the case was selected for limited scrutiny under CASS. 2.2 The Ld.AR to issue a notice under section 143 (2) on 08/09/2015 calling the details and books of accounts of Page ... assessee. The Ld.AR after going through the documents filed by sissy in respect of the reasons for which the assessment was selected for limited scrutiny was examined as per the instructions No.7/2014 dated 26/09/2014 by the CBDT. The assessment order was passed accepting the return of income filed