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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Bablu Sarkar, Kolkata vs. ITO, Ward-25(1), Kolkata

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

ITA 869/KOL/2024[2018-19]Status: DisposedITAT Kolkata20 Nov 2024AY 2018-19

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.869/Kol/2024 Assessment Year: 2018-19 Bablu Sarkar………………………………………………………….…..……Appellant B-28, Paschim Putiary, Kolkata – 700041. [Pan:Bqpps6351C] Vs. Ito, Ward-25(1), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Ashu Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 19, 2024 Date Of Pronouncing The Order : November 20, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 22.02.2024 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’) For Assessment Year 2018-19. 2. The Brief Facts Of The Case Are That The Case Of The Assessee Was Selected For Limited Scrutiny Under E-Assessment Scheme 2019 In Order To Examine Cash Deposits Made During The Assessment Year Under Consideration. The Assessment Order Was Passed U/S 143(3) R.W.S 144B Of The Act. The Assessee Filed His Return Of Income On 29.08.2018 By Declaring Total Taxable Income Of Rs.3,08,880/-. A Notice U/S 143(2) Of The Act Was Issued Followed By A Notice U/S 142(1) Of The Act. However, The Assessee Did Not Submit Any Reply In Compliance To The Notices Issued By The Assessing Officer. Based On The Details Or Records Available With The Department, The Assessing Officer Observed That During The Financial Year 2017-18, The Assessee Had Deposited Rs.4,19,23,772/- In

Section 142(1)Section 143(2)Section 143(3)Section 250Section 69A

assessment year 2018-19. 2. The brief facts of the case are that the case of the assessee was selected for limited scrutiny under e-Assessment Scheme 2019 in order to examine cash deposits made during the assessment year under consideration. The assessment order was passed u/s 143(3) r.w.s

Srimanta Kumar Shit, Purba Medinapore vs. A.C.I.T., Circle - 27(2), Haldia

In the result, the appeal of the assessee is allowed

ITA 1911/KOL/2024[2017-2018]Status: DisposedITAT Kolkata19 Nov 2024AY 2017-2018

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. No. 1911/Kol/2024 Assessment Year: 2017-2018 Srimanta Kumar Shit,………………...…………Appellant Rangamalaput, Junput-Contai, Purba Medinapore-721450, West Bengal [Pan:Bffps3635Q] -Vs.- Assistant Commissioner Of Income Tax..…Respondent Circle-27(2), Haldia, Basudebpur, Talpukur, Khanjan Chak, Haldia, Midnapore-721101, W.B. Appearances By: Shri S.K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : October 22, 2024 Date Of Pronouncing The Order : November 19, 2024 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 250Section 56(2)(vii)Section 69A

valid as per law”. “That the assessment order u/s 143(3) passed on 30.12.2019 provides that the return was selected for limited scrutiny on the issue “cash deposit during the demonetization” and so the additions made in the assessment order is without jurisdiction”. 3. This ground was raised ... valid as per law”. “That the assessment order u/s 143(3) passed 30.12.2019 provides that the return was selected for limited scrutiny on the issue “cash deposit during the demonetization” and so the additions made in the assessment order is without jurisdiction”:. Submission on behalf of the Assessee

Nawal Kishore Rajgarhia, Kolkata vs. D.C.I.T., Circle - 3(1), Kolkata

The appeal of the assessee is partly allowed as indicated above

ITA 1884/KOL/2024[2015-2016]Status: DisposedITAT Kolkata18 Nov 2024AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1884/Kol/2024 Assessment Year: 2015-16 Nawal Kishore Rajgarhia…………………………………………….…..……Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Acqpr3401G] Vs. Dcit, Circle-3(1), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 30, 2024 Date Of Pronouncing The Order : November 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 31.07.2023 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 Assessee Filed His Return Of Income On 14.08.2015 Declaring A Total Income Of Rs.38,62,700/-. The Return Was Selected For Limited Scrutiny On Two Specific Issues: I. Gross Interest Shown In Schedule Os Of Itr Is Less Than Interest Receipt Reported In 26As. Ii. Large Value Sale Of Option In Securities (Derivative) In A Recognized Stock Exchange & No Business Income Declared By The Assessee (Stt Code-4)

Section 143(2)Section 250Section 68

assessee filed his return of income on 14.08.2015 declaring a total income of Rs.38,62,700/-. The return was selected for limited scrutiny on two specific issues: i. Gross interest shown in Schedule OS of ITR is less than interest receipt reported in 26AS. ii. Large Value Sale of Option ... stated that in this appeal, the contentions of the assessee are two-folds i.e. (i) the Assessing Officer exceeds the scope of limited scrutiny by making addition for those issued which were not included in the original scrutiny specifically adding of Rs.6,47,446/- on the proceeds from sale