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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

The Bardez Urban Co-Op Credit Society Ltd, Mapusa vs. The Income Tax Officer, Ward 2(4), Panaji, Goa

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

ITA 74/PAN/2024[AY 2016-17]Status: DisposedITAT Panaji11 Feb 2025

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos. 74/Pan/2024 (A.Y. 2016-17 ) The Bardezurban Co- Vs Ito-Ward-2(4), Panaji.-403001, Operative Credit Society . Goa. Limited, Shop.No.19 20 . Cosmos Centre Mapusa, Bardez-403507, Goa. Pan .No. Aaaat6217F (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.S.J.Kamat.Ar Revenue By Shri.Narendra Reddy.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 06.02.2025 घोषणा क" तार"ख/Date Of Pronouncement 11.02.2025 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed The Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & The Ld. Dr Has No 2 Ita. No. 74/Pan/2024 The Bardez Urban Co-Operative Credit Society Limited.. Specific Objections. Accordingly, We Condone The Delay & Admit The Appeal. The Assessee Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Sustaining The Denial Of Claim Of Deduction Under Section 80P(2)(D) Of The Act.

Section 143(1)Section 80PSection 80P(2)(d)

disclosing a total income of Rs.Nil after claiming deduction u/sec 80P of the Act. Subsequently the case was selected for Limited scrutiny under CASS and notice u/sec 143(2) & u/sec 142(1) of the Act are issued. In compliance, the assesse has filed the details and submissions in support

Assistant Commissioner of Income-Tax, Circle-2(1)(1), Ahmedabad vs. H V Infratex Ltd, Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1034/AHD/2023[2016-2017]Status: DisposedITAT Ahmedabad06 Feb 2025AY 2016-2017

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1034/Ahd/2023 िनधा"रण वष" /Assessment Year : 2016-17 Assistant Cit H.V. Infratex Ltd. बनाम/ Circle-2(1)(1) 202, Parth Milan Complex V/S. Ahmedabad Nr. Hotel Nest,Navrangpura Ahmedabad – 380 009 (Gujarat) "थायी लेखा सं./Pan: Aabch 6794 C (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Prakash D. Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 30 /01/2025 घोषणा की तारीख /Date Of Pronouncement: 06/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 30.10.2023, Arising Out Of The Assessment Order Dated 10/12/2018 Passed Under Section 144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Assistant Commissioner Of Income Tax, Circle 2(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”] For The Assessment Year (Ay) 2016-17. The Asstt. Cit Vs. H.V. Infratex Ltd. Asst. Year : 2016-17

For Appellant: Shri Prakash D. Shah, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115JSection 144Section 250(4)Section 37Section 46A

total income of Rs.49,20,980/-, and book profit under Section 115JB of the Act at Rs.61,33,174/-. The case was selected for limited scrutiny under CASS. The AO issued multiple notices under Sections 143(2) and 142(1) of the Act, but the assessee did not fully comply