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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Virendra Yadav, Madhubani vs. Income Tax Officer Ward 3(1), Darbhanga

The appeal of the assessee is allowed for statistical purposes

ITA 248/PAT/2024[2016-17]Status: DisposedITAT Patna04 Feb 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.248/Pat/2024 Assessment Year: 2016-17 Virendra Yadav……..…………………………………………..………….……Appellant Mainapatti, Maheshbada Khajauli, Madhubani, Bihar-847228. [Pan: Agwpy8420E] Vs. Ito, Ward-3(1), Darbhanga.……....….….. ……………….........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 04, 2025 Date Of Pronouncing The Order : February 04, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 30.11.2022 Of The Acit, Circle-3, Darbh [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 373 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause Which Was Beyond The Control Of The Assessee & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. No One Has Appeared On Behalf Of The Assessee In Spite Of Serving Notices For Hearing & The Tribunal Cannot Keep These Appeals Pending For Indefinite Time Due To Non-Representation. Therefore, In The Absence Of Any Authorised Representative Of The Assessee, We Proceed To Decide

Section 143(2)Section 144Section 250Section 250(6)

assessee e-filed his return of income on 28.01.2017 declaring total income of Rs.38,90,980/. The case of the assessee was selected for limited scrutiny under CASS. Accordingly, notices u/s 143(2) and 142(1) of the Act were issued requisitioning some details such as audit report, books

Vikram Mohanrao Moholkar, Aurangabad vs. Income Tax Officer Assesment Unit Neac, National E Assessment Centre Delhi

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

ITA 1180/PUN/2023[2018-2019]Status: DisposedITAT Pune04 Feb 2025AY 2018-2019

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.1180/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Vikram Mohanrao Vs. Ito, National E- Moholkar, Assessment Centre, H.No.5-10-5, Station Road, Delhi. Near Farm Road Nx, Bansilal Nagar, Aurangabad- 431005. Pan : Ahipm9129M Appellant Respondent Assessee By : Shri Ramesh Vikram Moholkar Revenue By : Shri Sanjay Dhivare Date Of Hearing : 03.02.2025 Date Of Pronouncement : 04.02.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 16.10.2023 Which Is Arising Out Of The Assessment Order U/S 143(3) R.W.S. 144B Of The Act For Assessment Year 2018-19 Framed On 19.04.2021 By The Ito, National E-Assessment Centre, Delhi. 2. The Sole Grievance Of The Assessee Revolves Around The Issue Of Addition Made For Unexplained Expenditure U/S 69C At Rs.15,36,476/-.

For Appellant: Shri Ramesh Vikram MoholkarFor Respondent: Shri Sanjay Dhivare
Section 143(2)Section 143(3)Section 69C

declared income of Rs.47,870/- in the e-return for Assessment Year 2018-19 filed on 31.03.2019. The assessee’s case selected for limited scrutiny based on the large value of imports shown in the export import data. Ld. Assessing Officer issued valid notices

Rakesh Kumar Jain, Vijayawada vs. Income Tax Officer, Ward-2(1), Vijayawada

In the result, appeal of the assessee is partly allowed

ITA 362/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam31 Jan 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.361/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) Madhu Devi V. Income Tax Officer – Ward – 2(1) C.R. Building, 1St Floor Annex #27-23-66, Chetla Bazar M.G. Road, Vijayawada – 520002 Governorpet, Vijayawada – 520002 Andhra Pradesh Andhra Pradesh [Pan: Aelpj0707L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीलसं./I.T.A.No.362/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) Rakesh Kumar Jain V. Income Tax Officer – Ward – 2(1) C.R. Building, 1St Floor Annex D.No. 27-12-35, Chetla Bazar M.G. Road, Vijayawada – 520002 Governorpet, Vijayawada – 520002 Andhra Pradesh Andhra Pradesh [Pan: Astps2713B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 143(1)Section 250Section 269SSection 271D

return was subsequently summarily processed under section 143(1) of the Act. Thereafter, the case was selected for limited scrutiny for the purpose of verifying the “cash deposits and transaction in property” and “Capital gains / loss on sale of property”. Ld. Assessing Officer [hereinafter in short “Ld. AO"] during

Nehal Ahmed, Patna vs. ACIT, Circle- 4, Patna

The appeal of the assessee is partly allowed

ITA 365/PAT/2024[A.Y. 2016-17]Status: DisposedITAT Patna30 Jan 2025

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.365/Pat/2024 Assessment Year: 2016-17 Nehal Ahmed..………………..….....…..…………………....Appellant House No – B/15, New Azimabad Colony (East), Sector-B, Sandalpur, Mahendru, Patna- 800006. [Pan: Aerpa2555B] Vs. Acit, Circle-4, Patna……..….…….…............................…..…..... Respondent Appearances By: Shri Pankaj Kumar, Ca Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2025 Date Of Pronouncing The Order : January 30, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Care Are That The Assessee Is An Individual & Earned Income From Civil Contract. The Assessee Filed His Return Of Income For The Assessment Year 2016-17 By Declaring An Income Of Rs.10,58,610/-. The Assessee Initially Had Filed Return Of Income U/S 139(9) Of The Act & Subsequently Revised It Declaring The Same Income. The Assessee Disclosed Income From Contractual Receipt Amounting To Rs.92,51,630/- & Declared Taxable Income U/S 44Ad On Presumptive Basis At Rs.9,25,163/-. The Case Of The Assessee Was

Section 139(9)Section 143(2)Section 250Section 44A

44AD on presumptive basis at Rs.9,25,163/-. The case of the assessee was I.T.A. No.365/Pat/2024 Assessment Year: 2016-17 Nehal Ahmed selected for limited scrutiny under guidelines issued by the department to verify whether the contract receipts were correctly offered to tax. Consequently, notices

Sshri Kuldip Singh, Chandigarh vs. Pr.CIT-1, Chandigarh

In the result, appeal of Assessee is allowed

ITA 103/CHANDI/2021[2016-17]Status: DisposedITAT Chandigarh30 Jan 2025AY 2016-17

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 103/Chd/2021 "नधा"रण वष" / Assessment Year: 2016-17 Shri Kuldeep Singh, Vs. The Pr. Cit-1, 2010, बनाम Chandigarh Sec 21-C, Chandigarh "थायी लेखा सं./Pan No: Bllps7083L अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Ajay Jain, Ca राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 03.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.01.2025 आदेश/Order Per Paresh M. Joshi, Jm : This Is An Appeal Filed By The Assessee U/S 253 Of The Income Tax Act, 1961 (Herein Referred To As ‘The Act’] Before This Tribunal. The Assessee Is Aggrieved By The Order Bearing No. Itba/Rev/F/ Revs/ 250 /2020-21/1031467646 (1) Dated 14.03.2021 Of Ld. Pcit, Chandigarh-1 Passed U/S 263 Of The Act. The Relevant A.Y.

For Appellant: Shri Ajay Jain, CAFor Respondent: Shri Rohit Sharma, CIT DR
Section 142(1)Section 143(1)Section 143(2)Section 144Section 253Section 263

return of income on 4.8.2016 declaring total income of Rs. 8,41,690/-. 2.2 That the case of the Assessee was selected for limited scrutiny and that following issues were identified for the examination – 1. Whether the cash deposit has been made from disclosed sources. 2. Whether the Investment

Kalpana Mishra, Bhubaneswar vs. ITO, Ward 5(4), Bhubaneswar

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 491/CTK/2024[2016-17]Status: DisposedITAT Cuttack28 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.491/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2016-2017) वष" Kalpana Mishra, Vs Ito Ward-5(4), Bhubaneswar Plot No.B-87/A, Chandaka Industrial Estate, Patia, Bhubaneswar-751024 Pan No. :Alfpm 2864 E (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri B.R.Pattnaik, Ca राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 28/01/2025 घोषणा क" तारीख/Date Of Pronouncement : 28/01/2025 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 07.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062168195(1) For The Assessment Year 2016-2017, On The Following Grounds :- 1. Hon'Ble Cit(Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of The Learned Ao Even Though The Learned Ao Has Exceeded His Jurisdiction In A Limited Scrutiny Case Selected Under Cass Only To Examine Whether The Investment & Income Relating To Securities Transactions Are Duly Disclosed Or Not & Added A Sum Of Rs.44,00,000.00 U/S 68 Of The Income Tax Act, 1961, Without Obtaining Prior Administrative Approval Of The Concerned Pr. Cit/Cit As Prescribed In Circular F. No. 225/402/2018/Ita.Ii, Dated 28- 11-2018 & Instruction No.5/2016 [F.No.225/269/2015-

Section 68

facts in confirming the action of the learned AO even though the learned AO has exceeded his jurisdiction in a limited scrutiny case selected under CASS only to examine whether the investment and income relating to securities transactions are duly disclosed or not and added a sum of Rs.44 ... income from business of printing and no income was declared on account of transactions carried out in shares. The case was taken up for limited scrutiny for the reason that during the year under appeal the assesee has entered into the share transactions where the STT was paid