← All Phrases

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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Wissen Technology Private Limited, Bangalore vs. DCIT., Circle-17(2), Hyderabad

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

ITA 1082/HYD/2024[2018-19]Status: DisposedITAT Hyderabad11 Dec 2024AY 2018-19

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1082/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19) Wissen Technology Private Vs. Deputy Commissioner Limited Of Income Tax Bangalore Circle-17(2) [Pan : Aabcw5249H] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Prabhakara Murthy, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 11/12/2024 घोर्णध की तधरीख/Date Of 11/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.09.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], Siliguri, Relating To A.Y.2018-19 On The Following Grounds : 1. In The Facts & Circumstances Of Appellant’S Case, The Impugned Order Under Section 250 Of I.T.Act Passed By Learned Addl/Jcit(A)-1, Siliguri, In Adjudicating The Appeal Filed Against Intimation U/S 143(1) Of I.T.Act Is Not Correct Both On The Facts & In The Law Applicable To The Facts Of The Appellant’S

For Appellant: Shri P.Prabhakara MurthyFor Respondent: : Shri Srinath Sadanala, DR
Section 143(1)Section 143(3)Section 250Section 36(1)(v)Section 36(1)(va)

I.T.Act, being one of the two issues, verification for which the return of income of appellant was specifically selected for limited scrutiny, the said order being attained finality and as such, the Learned ADDL/JCIT(A)-1 SILIGURI is not justified in adjudicating the said issue and confirming the disallowance

Gazole L S Cooperative Marketing Society Ltd., Malda vs. ITO, Ward 3(1), Malda

The appeal of the assessee is allowed for statistical purposes

ITA 107/KOL/2024[2017-18]Status: DisposedITAT Kolkata06 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.107/Kol/2024 Assessment Year: 2017-18 Gazole L S Cooperative Marketing Society Ltd.……....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aaaag4743K] Vs. Ito, Ward-3(1), Malda…..…. ….…….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Susanta Saha, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2024 Date Of Pronouncing The Order : December 06, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.12.2023 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. The Brief Facts Of The Case Are That The Assessee An Agricultural Marketing Cooperative Society & Engaged In Purchase & Sale Of Agricultural Implements. The Primary Consumers Of The Society Are Members Of Large Number Of Primary Agricultural Society & Their Members In Locality. The Society Claimed Deduction U/S 80P(2)(A)(Iii) & (Iv) Of The Act Contending That The Profit From Its Activity Was Eligible For The Deduction. The Source Of The Cash Deposits In Question Was Attributed To Collections From Sales/Debtors During The Demonetization Period. However, Due To Large Size Of Documents & Vouchers Related To

Section 143(2)Section 143(3)Section 250Section 69ASection 80PSection 80P(2)(a)

Cooperative Marketing Society Ltd the transaction, the assessee was unable to upload them and thereafter, the case of the assessee was selected for limited scrutiny focussing on the cash deposits made during the demonetization period and notice u/s 143(2) was issued. The Assessing Officer completed the assessment