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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Subhendu Roy, Kolkata vs. Assistant Commissioner of Income Tax, National E Assessment Centre, Delhi

In the result, the appeal of the assessee stands allowed

ITA 1621/KOL/2024[2018-19]Status: DisposedITAT Kolkata07 Oct 2024AY 2018-19

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1621/Kol/2024 Assessment Year: 2018-19 Subhendu Roy…………....………………………… ........................……Appellant 93, Park Street, West Bengal-700016. [Pan: Acypr0191F] Vs. Acit, Delhi………………................…................…........……...…..…..Respondent Appearances By: Shri Raj Singha Maji, Staff, Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 07, 2024 Date Of Pronouncing The Order : October 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.06.2024 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. Shri Raj Singha Maji, Staff Of The Assessee, Has Put In Appearance On Behalf Of The Assessee & An Adjournment Letter Has Been Filed, However, A Perusal Of The Case File Reveals That There Is Only A Small Issue Involved In This Appeal, Which Can Be Decided After Hearing The Ld. Dr. 3. A Perusal Of The Assessment Order Reveals That In This Case, Limited Scrutiny Assessment Was Carried Out, Wherein, It Has Been Categorically Written By The Assessing Officer That No Additions Are Made & The

Section 250

this appeal, which can be decided after hearing the ld. DR. 3. A perusal of the assessment order reveals that in this case, limited scrutiny assessment was carried out, wherein, it has been categorically written by the Assessing Officer that no additions are made and the I.T.A No.1621/Kol/2024 Assessment Year

Brugg Cables (India) P.Ltd, New Delhi vs. ITO, Ward 1(3), Gurgaon

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

ITA 2941/DEL/2023[2017-18]Status: DisposedITAT Delhi04 Oct 2024AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanbrugg Cables (India) P. Ltd., Vs. Ito, Ward 1(3), C/O Shri Kapil Goel, Advocate, Gurgaon. F-26/124, Sector 7, Rohini, New Delhi – 110 085. (Pan : Aafcb2037E) (Appellant) (Respondent) Assessee By : Shri Satyajeet Goel, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 01.08.2024 Date Of Order : 04.10.2024 Order Per S.Rifaur Rahman,Am: This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Delhi [“Ld. Cit(A)”, For Short] Dated 21.08.2023 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 20.11.2017 & Subsequently, Revised It On 05.06.2018 Declaring A Loss Of Rs.72,09,630/- For The Ay 2017-18. The Case Was Selected For Limited Scrutiny Through Cass For The Reason “Exports/Imports, Claim Of Any Other Amount

For Appellant: Shri Satyajeet Goel, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 143(2)Section 69C

subsequently, revised it on 05.06.2018 declaring a loss of Rs.72,09,630/- for the AY 2017-18. The case was selected for limited scrutiny through CASS for the reason “Exports/Imports, claim of any other amount 2 allowable as deduction in Schedule BP”. Accordingly, notices under section ... Ward 1 (3) Gurgaon) are totally illegal, unlawful and contrary to mandate of 1961 Act being founded on non-speaking and inchoate reasons of limited scrutiny which is enlarged without taking approval from PCIT; 10.2 That Ld AO erred in passing assessment order without issue of any show cause notice