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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Kakkabe vs. S Bank Limited, Kodugu

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

ITA 490/BANG/2021[2015-16]Status: DisposedITAT Bangalore28 Feb 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015-16 M/S. Kakkabe Vssn Bank The Principal Ltd., Commissioner Of Main Road, Kakkabe, Income-Tax, Kodagu – 571 212. Mysore. Pan: Aaabk0958P Vs. Appellant Respondent Assessee By : None Revenue By : Shri Sumer Singh Meena, Cit I Date Of Hearing : 31-01-2022 Date Of Pronouncement : 28-02-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 06.03.2020 Passed By Ld.Pr.Cit, Mysore On Following Grounds Of Appeal: “1. The Impugned Order As Passed By The Hon'Ble Pr.Cit U/S 263 Of The Income-Tax Act, 1961 Is Arbitrary, Unjust & Illegal Under The Facts & Circumstances Of The Appellant Case. 2. On The Facts & Circumstances Of The Case & On Law, The Hon'Ble Pr.Cit Has Assumed The Jurisdiction U/S 263 Under Incorrect Application Of Law As Twin Condition Of "Erroneous Order & Prejudicial To Interest Of Revenue" As Enunciated U/S 263 Were Not Satisfied Simultaneously & Therefore Assumption Of Jurisdiction U/S 263 & Impugned Order Passed Thereunder Liable To Be Quashed As Void-Ab-Initio. 3. On The Facts & Circumstances & Law, The Original Order Passed By The Learned Ao Was After Proper Application Of Mind & Proper Appreciations Of Law & The Intervention Caused By The Hon'Ble Pr. Cit By Invoking The Provisions Of Section 263 Has No Sanction Of Settled

For Appellant: NoneFor Respondent: Shri Sumer Singh Meena, CIT I
Section 143(3)Section 260Section 263Section 80P(1)Section 80P(2)Section 80P(2)(a)

circumstances and on law, the Hon’ble Pr.CIT has assumed the jurisdiction u/s 263 on the issues which were not part of CASS Limited scrutiny mandate resulting-in violating the CBDT guidelines/instructions and therefore assumption of improper jurisdiction u/s 263 by breaching CBDT Instructions and impugned Order thus passed thereof

Mr. Kishore Nandlal Chabria, Mumbai vs. The Pr. CIT-16, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 1554/MUM/2020[2015-16]Status: DisposedITAT Mumbai10 Feb 2022AY 2015-16

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1554/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Mr. Kishore Nandlal Pcit-16 Room No.437, 4Th Floor Chabria Vs. 51, 5Th Floor, Radheya Aayakar Bhavan, Building, 14Th Road, Khar Maharishi Karve Road, West, Mumbai-400052. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpc5779R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Singh Revenue By: Shri Vinay Sinha (Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2021 घोषणा की तारीख /Date Of Pronouncement: 10/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 07.07.2020 Passed By The Principal Commissioner Of Income Tax-16, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-16 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On The Facts & In The Circumstances Of The Case, The Order Passed By The Learned Principal Commissioner Of Income Tax-16, Mumbai Under Section 263 Of The Income Tax Act. 1961 Is Void Ab Initio Being Had In Law Based On Assumptions & Wrong Facts & Without Jurisdiction. 2. On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax-16, Mumbai Has Erred On Facts & In Law In Assuming Jurisdiction Under Section 263 Of The Income Tax Act, 1961 When

For Appellant: Shri Sanjay SinghFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 263Section 263(1)

thereafter the assessee file the revised return of income on 11.05.2016 declaring total income to the tune of Rs.3516450/-. The assessment was selected for limited scrutiny under CASS and the AO issued the notice u/s 143(2) dated 19.09.2016 raising the following query. (i) Sales Turnover Mismatch (ii) Tax Credit ... specifically argued that the AO reopened the assessment by issuance of notice u/s 143(2) of the I. T. Act, 1961 for limited scrutiny, therefore, there was no scope for the AO to examine the other issues, hence, revising the assessment by invoking the provisions

Niagara Financial Consultants P. Ltd., Mumbai vs. Pr. CIT, City-6, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 762/MUM/2021[2015-16]Status: DisposedITAT Mumbai28 Jan 2022AY 2015-16

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.762/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Niagara Financial Pr. Cit, City-6 Room No.501, 5Th Floor, Consultants Pvt. Ltd. Vs. C-201, Kailash Explanade, Aayakar Bhavan, Lbs Marg, Opp. Sheryas Maharshi Karve Road, Theatre, Ghatkopar (W), Mumbai-400020. Mumbai-400086. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccn1918R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Prakash Jhunjhunwala Revenue By: Shri Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 10/01/2022 घोषणा की तारीख /Date Of Pronouncement: 28/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 30.03.2021 Passed By The Principal Commissioner Of Income Tax-06, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-06 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On Facts & Circumstances Of The Case & Iii Law, Ld. Pr. Cit Erred In Passing The Revision Order U/S.263 Though The Reassessment Order Passed U/S.143(3) Is Not Erroneous Anti In So Far Is Not Prejudicial To The Interests Of The Revenue 2.0 The Ld. Pr. Cit, Before Setting Asides The Assessment Ordev.De Novo On Invoking Sec 263(I), Ought To Have Considered The Understated Facts, Being;

For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Shri Mahesh Akhade (DR)
Section 143(3)Section 263

A.Y.2015-16. The assessment u/s 143(3) was completed on 30.06.2017 determining total loss at Rs.(-) 3,22,22,930/-. The case was selected for limited scrutiny criteria to examine as under: - (i) Large increase of unsecured loans during the year. (ii) High interest expenses as compared to business turnover ... have heard the argument advanced by the Ld. Representative of the parties and perused the record. The assessment of the assessee was reopened for limited scrutiny on the following reasons: - (i) Large increase of unsecured loans during the year. (ii) High interest expenses as compared to business turnover

Shri Pankaj P. Khara, Navi Mumbai vs. Pr. CIT-7, Mumbai

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

ITA 801/MUM/2021[2016-17]Status: DisposedITAT Mumbai27 Jan 2022AY 2016-17

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleshri Pankaj P Khara, Vs. Pr. Cit-27 64D,Askini, Op Chs Room No. 401, 4Th Ltd,Plotno.20, Secotr- Floor, Tower No. 6, 11, Behind Kanchan Vashi Railway Station Junga, Koparkhairne, Commercial Complex, Navi Mumbai – 400709 Vashi – 400703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Akhpk0207E Appellant .. Respondent Appellant By : Ms.Hiral Sejpal.Ca. Dr Respondent By : Mr.Nikhil Chaudhary.Dr Date Of Hearing 06.01.2022 Date Of Pronouncement 31.01.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed By The Pr.Commissioner Of Income Tax (Pcit)-27, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Ms.Hiral Sejpal.CA. DRFor Respondent: Mr.Nikhil Chaudhary.DR
Section 143(2)Section 143(3)Section 263

securities and disclosed the long term capital gain and short term capital loss on transfer of securities. The A.O observed that it is a limited scrutiny, and the assessee case is selected for the examination of facts whether the investment income related to shares and securities (derivative) transactions are duly ... Whereas, the PCIT on perusal of the assessment record find that the order passed by the A.O on 28.12.2018 in the limited scrutiny for examination of investments and income relating to securities and derivative transactions. The assessee has invested Rs.11,28,770/- in securities/derivatives and the sources of investment made