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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Agrata Real Estate Private Limited, Thane West vs. ACIT, CC-2(2), Mumbai

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

ITA 5820/MUM/2025[2017-18]Status: DisposedITAT Mumbai27 Nov 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry, Jm Agarta Real Estate Private Limited Acit, Cc-2(3), Mumbai A-02, Mahavir Darshan Chs Ltd., Shanti Park, Mahavir Darshan Bldg.-X- Vs. 31/32, Mira Road, East, Thane – 401107. Pan/Gir No. Aahca2834J (Appellant) : (Respondent) Assessee By : Shri Neeraj Mangla (Virtually Appear) : Shri Vinod Kumar V, Sr. Dr Respondent By : 20.11.2025 Date Of Hearing Date Of Pronouncement : 27.11.2025 O R D E R Per Narender Kumar Choudhry, J M: This Appeal Has Been Preferred By The Assessee Against The Order Dated 13.08.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) 48, Mumbai (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. In The Instant Case, The Assessee Declared Its Total Income At Rs. ‘Nil’ By Filing Its Return Of Income On Dated 17.03.2018, Which Was Subsequently Selected For Limited Scrutiny Under Cass By Issuing Notice Dated 09.08.2018, U/S. 143(2) Of The Act, For The Following Issues:

For Appellant: Shri Neeraj Mangla (Virtually appear)For Respondent: 20.11.2025
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 250Section 69A

case, the Assessee declared its total income at Rs. ‘Nil’ by filing its return of income on dated 17.03.2018, which was subsequently selected for limited scrutiny under CASS by issuing notice dated 09.08.2018, u/s. 143(2) of the Act, for the following issues: a. Expenses incurred for earning exempt income ... total income of the assessee taxing the same u/s. 115BBE of the Act. 5. Admittedly, the case of the assessee was selected for limited scrutiny for two issues such as ‘firstly’ expenses incurred for earning exempt income and ‘secondly’ investments/advances/loans but not for the 3rd issue qua abnormal increase

Mediboyana Venkata Appala Surya Prakash, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-4(1), Visakhapatnam

ITA 506/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam26 Nov 2025AY 2015-16

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.506/Viz/2025 (िनधा"रण वष"/Assessment Year:2015-16) Mediboyana Venkata Appala Vs. Assistant Commissioner Surya Prakash, Of Income Tax, Visakhapatnam. Circle-4(1), Pan: Agnpm7780L Visakhapatnam. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 19/11/2025 Hearing: घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 17/06/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 31/10/2017. The 2 Mediboyana Venkata Appala Surya Prakash Vs. Acit

For Appellant: Shri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(1)Section 143(2)Section 143(3)

filed by the assessee was processed as such under section 143(1) of the Act. Subsequently, the case of the assessee was selected for “limited scrutiny” under CASS for verifying “Large other expenses claimed in the Profit & Loss A/c”. 3. During the course of the assessment proceedings, the AO, inter ... books of accounts of the assessee. Elaborating on his contention, the Ld. AR submitted that though the case of the assessee was selected for “limited scrutiny” under CASS for verification of “Large other expenses claimed in the Profit & Loss A/c”, but the AO by rejecting the books of accounts

Nemi Chand, Gudur vs. ITO., Ward-1, Gudur

In the result, appeal filed by the assessee is partly allowed in terms of our aforesaid observations

ITA 1288/HYD/2025[2018-19]Status: DisposedITAT Hyderabad26 Nov 2025AY 2018-19

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1288/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Nemi Chand, Vs. Income Tax Officer, 1-2-8/11A, 302, 3Rd Floor, Ward-1, Srinivas Street No.1, Guduru. Himayat Nagar, Hyderabad, Telangana. Pan: Achpr2242L (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Sridhar Jhawar, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 13/06/2025 Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “Act”), Dated 23/04/2021 For The Assessment Year 2018-19. The Assessee Has 2 Nemi Chand Vs. Ito Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: 1. “Whether On The Facts & Circumstances Of The Case & In Law Whether The Order Of The Learned Commissioner Of Income Tax Was Pervasive In Considering The Income From Capital Gains As Business Income In Terms Of Provisions Of Section 2(14) Read With Section 2(47) 2. Whether On The Facts & Circumstances Of The Case & In Law. Whare Capital Gain Was Invested In Purchase/Construction Of Residential House Within Time Limit Prescribed Under Section 2 54(1), Assessment Order Allowing Assesses Claim Under Section 54 Could Not Be Treated As Erroneous & Prejudicial To Interest Of Revenue Only Because Capital Gain Was Not Deposited In Capital Gain Account Scheme. 3. Any Other Ground (If Any) That May Be Urged At The Time Of Hearing.”

For Appellant: Sri Sridhar Jhawar, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 143(3)Section 2Section 2(14)Section 2(47)Section 54

income for AY 2018-19 on 31/08/2018 declaring an income of Rs.27,21,340/-. Subsequently, the case of the assessee was selected for limited scrutiny assessment under the E-Assessment Scheme-2019 for verifying the deduction claimed by him under the head capital gains. 3. During the course

Mukut Behari Lal Bhargava, Gurgaon vs. ACIT, Circle(2)1, Gurgaon

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

ITA 2012/DEL/2025[2016-17]Status: DisposedITAT Delhi26 Nov 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalmukut Behari Lal Bhargava, Acit, Lcg 05, 04B Laburnum Complex, Circle-2(1), 1 4Th Floor, Sushant Lok 1, Vs. Gurgaon. Block-A, Sector-28 Haryana-122009. Pan-Adipb9356P (Appellant) (Respondent) Assessee By None Department By Shri Pradumna Kumar Singh, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 26.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A) In Short] In Appeal No. Cit(A), Gurugaon-1/10738/2018-19 Dated 05.02.2025 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Its Return Of Income Declaring Total Income Of Rs.1,20,41,040/-. The Case Of The Assessee Was Selected For Limited Scrutiny & During The Course Of Assessment Proceedings, The Assessing Officer Has Issued Various Notices Which Were Replied By The Assessee. Mukut Behari Lal Bhargava Vs. Acit 3. Thereafter, The Assessment Order Was Passed At A Total Income Of Rs.1,79,36,182/- By Making Disallowance On Account Of Expenses Claimed On Costs Of Improvement Of Capital Asset, Disallowance Of Carry Forward Of Short Term Capital Gains & Long Term Capital Loss & Also Denied The Deduction Claimed U/S 80G Of The Act.

Section 250Section 271Section 80G

individual and filed its return of income declaring total income of Rs.1,20,41,040/-. The case of the assessee was selected for limited scrutiny and during the course of assessment proceedings, the Assessing Officer has issued various notices which were replied by the assessee. Mukut Behari Lal Bhargava