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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Samata Nagari Sahakari Patsanshta Maryadit, Pune vs. ITO, Ward 14(5), Pune

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

ITA 763/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jul 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.763/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Samata Nagari Sahakari Vs. Ito, Ward- 14(5), Pune. Patsanshta Maryadit, Prasanna Residency, At & Post Nira, Tal- Purandar, Dist. Pune- 412102. Pan : Aabas5442E Appellant Respondent Assessee By : Shri Mukund Bhagwat Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 11.06.2024 Date Of Pronouncement : 03.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2024 Passed By Ld Pcit, Pune-4 For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) The Learned Pcit Erred In Initiating Action U/S 263 Of The Income Tax Act Even Though The Assessing Officer'S Assessment Order Under Sec 143 (3) Was Neither Erroneous Nor Prejudicial To The Interests Of Revenue. 2) The Learned Pcit Erred In Not Properly Appreciating The Facts Of The Case & Ignoring The Order Of The Jurisdictional Hon'Ble Pune

For Appellant: Shri Mukund BhagwatFor Respondent: Shri Ajay Kumar Keshari
Section 143(1)Section 143(3)Section 263Section 36Section 80PSection 80P(2)(a)Section 80P(2)(d)

disallowances u/s 36 of the IT Act as there was difference in Schedule Part A-OI, Sl. No.6. Thereafter the case was selected for limited scrutiny under CASS for the reason “Investments/Advances/Loans, and Deduction from Total Income under Chapter VIA”. The assessment was completed u/s 143(3) 3 r.w.s

Sri. Kanala Subramanyam, Bengaluru vs. Income Tax Officer, Ward-5(2)(5), Bangalore

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

ITA 751/BANG/2024[2017-18]Status: DisposedITAT Bangalore03 Jul 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeykanala Subramanyam The Income Tax Officer No. 58/1, 8Th Cross, 12Th Main Ward - 5(2)(5), Bengaluru Raghavendra Block Vs. Srinagar, Bengaluru 560050 Pan – Bryps2091H (Appellant) (Respondent) Assessee By: Shri T. Srinivasa, Ca Revenue By: Shri Subramanian S., Jcit-Dr Date Of Hearing: 25.06.2024 Date Of Pronouncement: 03.07.2024 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/250/2003-24/1062689536(1) Dated 15.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - 1. The Impugned Order Passed By The Learned Commissioner Of Income Tax (Appeals) Nfac Is Highly Unjust, Arbitrary & Contrary To Law & The Principles Of Natural Justice. 2. The Learned Commissioner Of Income Tax (Appeals) Nfac Has Failed To Appreciate That The Banking Transaction Of The Appellant During F.Y. 2016-17 Were In The Normal Course Of The Appellant'S Business Activities & That The Cash Deposits To His Bank Account

For Appellant: Shri T. Srinivasa, CAFor Respondent: Shri Subramanian S., JCIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 69A

return of Income on 31/03/2018 declaring total income of Rs. 12,71,060/-. 3 Kanala Subramanyam Subsequently the assessee case was selected for limited scrutiny under CASS for the reason “cash deposit during the year”. Accordingly notice u/s. 143(2) of the Act dated 18/09/2018 was duly served within

Muroor Ramesh Nayak, Sullia vs. Income Tax Officer, Ward-1, Puttur

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

ITA 1098/BANG/2024[2017-18]Status: DisposedITAT Bangalore02 Jul 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadavmuroor Ramesh Nayak The Income Tax Officer 1/1, Muroor Beejathadka Ward - 1, Puttur Vs. Mandekolu, Sullia Tq. 574256 Pan – Ajjpn9644H (Appellant) (Respondent) Assessee By: Shri Srinivasa Kamath S., Ca Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 01.07.2024 Date Of Pronouncement: 02.07.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/2004-25/1064225940(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 19.04.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Brief Fact Of The Case That That The Assessee, An Individual, Prior To His Retirement, Was An Employee Of Forest Department. The Assessee Filed His Return Of Income For The Impugned Year On 31.03.2018 Declaring An Income Of Rs.2,88,170/-. The Case Of The Assessee Was Selected For Limited Scrutiny In Order To Verify The Source Of Cash Deposited During The Demonetisation Period. 3. During The Assessment Proceedings The Assessee While Attending The Proceedings, Filed A Written Reply Explaining The Source Of Cash Deposits. However, The Assessing Officer (Ao) Did Not Agree With The Replies Of The Assessee & Added An Amount Of Rs.11,00,000/- To The Returned Income.

For Appellant: Shri Srinivasa Kamath S., CAFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 250Section 250(6)

return of income for the impugned year on 31.03.2018 declaring an income of Rs.2,88,170/-. The case of the assessee was selected for limited scrutiny in order to verify the source of cash deposited during the demonetisation period. 3. During the assessment proceedings the assessee while attending the proceedings