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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Manchaiah Shivalingaiah, Bengaluru vs. Income Tax Officer Ward 1(2)(5), Bengaluru

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

ITA 944/BANG/2024[2017-18]Status: DisposedITAT Bangalore11 Jul 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeymanchaiah Shivalingaiah The Income Tax Officer No. 365/Ss, 1St Main, 2Nd Cross Ward - 1(2)(5) 3Rd Phase, Manjunath Nagar Vs. Bmtc Building, 80 Ft. Road Rajajinagar, Bengaluru 560010 Koramangala Pan – Bosps6014P Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Likith Patel, M.K., Advocate Revenue By: Shri Ganesh R. Gahle, Standing Counsel Date Of Hearing: 19.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Vide Din & Order No. Itba/Nfac/S/250/2023-24/1062552904(1) Dated 13.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. On The Fact & Circumstances Of The Case, The Learned Cit(A) Erred In Upholding The Order Of The Assessing Officer, In The Manner In Which He Did. 2. On The Facts & Circumstances Of The Case, The Learned Cit(A) Erred In Providing Sufficient Opportunity To The Appellant To Put Forth The Submissions Of The Appellant.

For Appellant: Shri Likith Patel, M.K., AdvocateFor Respondent: Shri Ganesh R. Gahle, Standing Counsel
Section 143(2)Section 144Section 250Section 69

assessee filed his return of income for AY 2017-18 declaring total income of Rs. 4,08,560/-. The said return was selected for limited scrutiny under CASS for examination of the cash deposited during the demonetization period. Notices under Section 143(2) as well

Income Tax Officer, Ward-3(1)(1), Ahmedabad. vs. Gulamnabi Nuramahmadbhai Momin, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 362/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.362/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 The Income Tax Officer Gulamnabi Nuramahmadbhai बनाम/ Ward-3(1)(1) Momin Ahmedabad Plot No.524A V/S. Opp.Adarsh Hospital Nr.Telav Sheala Cross Road At Telav Sanand Ahmedabad 382 110 (Gujarat) "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Prakash D. Shah & Shri Saiyam V. Shah, Ars Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises Against The Order Of The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Ld.Cit(A)”] Dated 29-12-2023, For The Assessment Year (Ay) 2017-18, Wherein The Ld.Cit(A) Partly Allowed The Appeal Deleting Additions Made By The Assessing Officer Ito Vs. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri Prakash D. Shah &For Respondent: Shri Sudhakar Verma, Sr.DR
Section 115BSection 143(2)Section 143(3)Section 68

Assessee filed his return of income on 02-11-2017 declaring total income of Rs.1,25,210/-. Thereafter, the case was selected for limited scrutiny for the reason – “Cash Deposit during the year”. Accordingly, notices u/s.143(2) and 142(1) of the Act were sent seeking details from the assessee

Tarun Santramdas Varma, Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

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

ITA 852/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.852/Ahd/2023 "नधा"रण वष" /Assessment Year : 2015-16 Tarun Santramdas Varma The Asst.Cit बनाम/ 307-308, Sarthik Square Circle 4 (1)(1) Nr. New Us Pizz, Ahmedabad V/S. Sg Highway Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan: Aaipv 6427 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Preferred By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Hereinafter Referred To As “The Ld.Cit(A)”), National Faceless Appeal Centre (Nfac), Delhi, Dated 29-8-2023 Pertaining To The Assessment Year (Ay) 2015-16, Arising From The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As Tarun Satramdas Varma Vs. Acit Asst. Year : 2015-16

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 68

income. As the assessee was not carrying on any business, no books of accounts were maintained. 2.1. The assessee’s case was selected for limited scrutiny, and a notice under section 143(2) of the Act was issued by the Deputy Commissioner of Income Tax (DCIT), Circle

Sri. A. S. Srinath (HUF), Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivamogga

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

ITA 228/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeya.S. Srinath (Huf) The Income Tax Officer No. 1, Mallikarjuna Nilaya Ward 1 & Tps 1St Cross, Hosamane Jail Road Vs. No.75, 100 Feet Road Shivamogga 577201 Gopal Gowda Exten. Pan – Aamha9965J Shivamoga 577201 (Appellant) (Respondent) Assessee By: Shri Rajeev C. Nulvi, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 10.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Dated 09.01.2024 Vide Din & Order No. Itba/Nfac/250/2023-24/1059510032(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Of The Authorities Below Is Against The Facts Of The Case & Passed On Assuming The Facts Which Are Unrealistic. 2. On The Facts & Circumstances Of The Case & In The Provisions Of The Law, The Assessing Officer Erred In Estimating The Agricultural Expenditure At A Certain Percentage Of Agricultural Income Is Against The Fact, As The Increase In The Gross Receipts May Be For Various Reasons, Which Are Not Dependent On Agricultural Expenditure.

For Appellant: Shri Rajeev C. Nulvi, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 139(4)Section 143(3)Section 250

declaring interest income or Rs.53,660/- and agricultural income of Rs.53,22,638/-. Thereafter the case had been selected for limited scrutiny under CASS to verify the ‘agricultural income’. During the course of assessment proceedings the assessee has furnished a break-up of agricultural income derived in respect of different

Hbc Lifesciences Private Limited, Gandhinagar vs. The Pr. CIT-3, Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 328/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad05 Jul 2024AY 2018-19

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 328/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2018-19) िनधा"रण वष" Hbc Lifesciences Private Principal Commissioner बनाम बनाम/ बनाम बनाम Limited Of Income Tax-3 Vs. B-218, Mayur House, Ahmedabad G.I.D.C., Electronic Estate Sector-25, Gandhinagar, Gujarat, 382016 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacch1407M (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate & अपीलाथ" ओर से /Appellant By : Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Dr. Darsi Suman Ratnam, Cit. Dr 20/06/2024 Date Of Hearing Date Of Pronouncement 05/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Principal Commissioner Of Income Tax-3, Ahmedabad, (In Short The ‘Pcit’) Dated 25.03.2023 In Exercise Of The Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act” In Short], For The Assessment Year 2018-19. 2. The Brief Facts Of The Case Are That The Return Of Income For A.Y. 2018-19 Was Filed By The Assessee On 30.10.2018 Declaring

For Appellant: Shri Parin Shah, A.RFor Respondent: Dr. Darsi Suman Ratnam, CIT. DR
Section 143(3)Section 263Section 37Section 37(1)

declaring ITA No. 328/Ahd/2023 [HBC Lifesciences Private Limited vs.Pr.CIT] A.Y. 2018-19 - 2 – income of Rs.44,02,420/-. The case was selected for limited scrutiny on the issue of ‘business expenses’. The assessment was completed under Section 143(3) of the Act on 03.02.2021 and the returned income