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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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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 Modasa Dhansura Taluka Teachers Co.Op. Credit Society Ltd., Arvalli vs. The ACIT, Hmt Circle, Himatnagar Present Jurisdiction the Dy.CIT, Circle-2(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1478/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad28 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1478/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 The Modasa Dhansura Taluka The Acit बनाम/ Teachers Co-Op.Credit Hmt Circle, Himatnagar V/S. Society Ltd. Present Jurisdiction - S/43, 2Nd Floor The Dy.Cit, Circle-2(1)(1) Shyam Sunder Complex Ahmedabad – 380 015 Station Road, At & Po Modasa Ta. Modasa Aravalli 383 315 (Gujarat) "थायी लेखा सं./Pan:Aabat 2852 M अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/10/2024 घोषणा की तारीख /Date Of Pronouncement: 28/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri V.K. Mangla, Sr.DR
Section 143(2)Section 143(3)Section 250Section 56Section 80PSection 80P(2)(d)Section 80P(4)

total income of Rs.NIL after claiming a deduction of Rs.31,24,978/- under Section 80P of the Act. The case was selected for limited scrutiny, and a notice under Section 143(2) of the Act was issued on 08/08/2018. During the course of the assessment proceedings, it was observed

Sudhir Shankar Halwasiya, Lucknow vs. ACIT-3, Lucknow

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

ITA 201/LKW/2024[2016-17]Status: DisposedITAT Lucknow25 Oct 2024AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Sudhir Shankar Halwasiya, The Acit-Iii, Halwasiya Court, Hazratganj, Vs. Pratyaksh Kar Bhawan, Lucknow-226001 Lucknow-226001 Pan:Aanph9171L (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. Revenue By: Sh. Sunil Kumar Rajwanshi, Addl. Cit Dr Date Of Hearing: 29.08.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Filed Against The Order Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961, On 3.11.2023, Dismissing The Appeal Of The Assessee, Which Was Filed Against The Order Passed By The Acit-3, Lucknow Under Section 143(3) On 20.12.2018. The Grounds Of Appeal Preferred Are As Under:-

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sunil Kumar Rajwanshi, Addl. CIT DR
Section 133(6)Section 143(3)Section 250

justice to admit the appeal condoning the delay. 3. The facts of the case are that the assessee’s case was selected for limited scrutiny on the following points:- i. Whether loans and advances were received were genuine and from disclosed sources. ii. Whether the deduction against income from other ... returns, observed that in assessment year 2015-16, there was no scrutiny assessment, while in assessment year 2014-15, the case was selected for limited scrutiny on account of large deduction claimed under section 57. The ld. AO therefore, observed that what ledgers or books were maintained at the assessee

M/S. Tirubala International Private Limited, Kanpur vs. Deputy Commissioner of Income Tax, Range-VI, Kanpur

In the result, the appeal of the assessee is allowed

ITA 148/LKW/2018[2015-16]Status: DisposedITAT Lucknow25 Oct 2024AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Tirubala International Pvt. Ltd., Deputy Commissioner Of C-7, Panki Industrial Area, Vs. Income-Tax, Range-Vi, Kanpur Kanpur, U.P. Pan:Aaect2086J (Appellant) (Respondent) Assessee By: Sh. Vikas Garg, Fca Revenue By: Sh. Sanjeev Krishna Sharma, Addl Cit Dr Date Of Hearing: 02.09.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Against The Order Of The Ld. Cit(A)-2, Kanpur Passed Under Section 250 Of The Income Tax Act, 1961 Dated 27.12.2017, Against The Order Of The Dcit-6, Kanpur Under Section 143(3) Of The I.T. Act, 1961, Dated 19.04.2017. The Grounds Of Appeal Preferred Are As Under:-

For Appellant: Sh. Vikas Garg, FCAFor Respondent: Sh. Sanjeev Krishna Sharma, Addl CIT DR
Section 143(3)Section 250

Furthermore, it was submitted that it was evident from the orders of the ld. AO, that the case had been selected through CASS for limited scrutiny on other grounds and the ld. AO after examining those other grounds had not found any reason to make addition on that account ... also beyond the jurisdiction of the ld. AO, to enquire into other aspects of the assessee’s case, in a matter of limited scrutiny and thereafter to make a disallowances with regard to the same. 5. On the other hand, Sh. Sanjeev Krishna Sharma, the ld. Addl CIT DR (hereinafter