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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Rajat Bhandari, Kolkata vs. ITO, Ward-62(3), Kolkata.

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

ITA 1332/KOL/2023[2017-18]Status: DisposedITAT Kolkata23 Jul 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1332/Kol/2023 Assessment Year: 2017-18 Rajat Bhandari..….…………………..……………………....………....Appellant 10B, Paramount, 25, Ballygunge Circular Road, Kolkata -700019. [Pan: Afupb9602E] Vs. Ito, Ward-62(3), Kolkata….................................................…..…..... Respondent Appearances By: Shri Abhishak Bansal, Ca, Appeared On Behalf Of The Appellant. Shri Sallong Yaden, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 14, 2024 Date Of Pronouncing The Order : July 23, 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 20.11.2023 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 In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer Of Rs.24,19,646/- On Account Of Disallowance Of Miscellaneous Expenditure Claimed By The Assessee In The Return Of Income. 3. The Assessing Officer Disallowed The Aforesaid Amount On Account Of Miscellaneous Expenditure Observing That The Assessee Had Failed To

Section 139Section 142(1)Section 143(2)Section 250Section 57

28/03/2018 showing returned Income/(Loss) as NIL. Subsequently the case of the assessee is selected under CASS for Limited Scrutiny having reason of Scrutiny "as deduction against income from other sources" and accordingly issued notice u/s 143(2) on 13.08.2018 which were duly served and complied with. Thereafter

Chairman Raja John, Coimbatore, Tamil Nadu vs. The Income Tax Officer, Income Tax Department, Corporate Ward Four, Coimbatore

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

ITA 816/CHNY/2024[2014-15]Status: DisposedITAT Chennai19 Jul 2024AY 2014-15

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.816/Chny/2024 िनधा"रण वष"/Assessment Year: 2014-15 Chairman Raja John, Vs. The Income Tax Officer, No. 18, Thasami Park Residency, Corporate Ward 4, Trichy Road, Singanallur, Coimbatore. Coimbatore 641 005. [Pan: Aczpc4927F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P.M. Kathir, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 11.07.2024 घोषणा की तारीख /Date Of Pronouncement : 19.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.01.2024 Passed By The Ld. Cit(A) [Nfac], Delhi For The Assessment Year 2014-15. 2. The Ld. Ar, Shri P.M. Kathir, Advocate, By Referring To Ground Nos. 1, 2 & 3, Argued That The Case Of The Assessee Was Selected For ‘Limited Scrutiny’ & Drew Our Attention To Para 10 Of The Assessment Order. He Argued That The Assessing Officer, During The Course Of ‘Limited Scrutiny’

For Appellant: Shri P.M. Kathir, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 143(2)

Shri P.M. Kathir, Advocate, by referring to ground Nos. 1, 2 & 3, argued that the case of the assessee was selected for ‘limited scrutiny’ and drew our attention to para 10 of the assessment order. He argued that the Assessing Officer, during the course of ‘limited scrutiny’ 2 I.T.A. No.816/Chny/24 ... proceedings asked the assessee to furnish the details, which are beyond the issues got selected for ‘limited scrutiny’. Further, by converting the said ‘limited scrutiny’ into ‘complete scrutiny’, intimated to the assessee only on 27.12.2016 and passed the assessment order on 30.12.2016 giving no reasonable time to the assessee

Shanti Multilink Pvt. Ltd, Ahmedabad vs. The Income Tax Officer, Ward-4(1)(3), Ahmedabad

In the result, the appeal filed by the Assessee is treated as allowed for statistical purposes

ITA 31/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad16 Jul 2024AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.31/Ahd/2023 "नधा"रण वष" /Assessment Year : 2016-17 Shanti Multilink Pvt.Ltd. The Income Tax Officer बनाम/ A-215, Siddhi Vinayak Tower Ward-4(1)(3) Off S.G. Road Ahmedabad-380 015 V/S. Makarba Ahmedabad – 380 051 "थायी लेखा सं./Pan: Aahcs 1972 M अपीलाथ"/ (Appellant) ….. "" यथ"/ (Respondent) Assessee By : Shri Vivek Chavda, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 15/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 16/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 09/11/2022 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short], Arising Out Of The Assessment Order Dated 28/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2016-17. Shanti Multilink Pvt.Ltd. Vs. Ito Asst. Year : 2016-17

For Appellant: Shri Vivek Chavda, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 143(3)Section 40A(2)(b)

assessee-company filed its return of income on 03.10.2016 declaring total income of Rs.26,56,070/-. The case was selected under CASS for limited scrutiny. During the course of assessment proceedings, the AO observed that the assessee co has paid remuneration of Rs.24,00,000/- to one of its whole