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position that reassessment under Section 147/148 was restricted to issues for which reasons were recorded, a view superseded by Explanation 3 to Section 147.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

Vivek Prahladbhai Patel, Vadodara vs. The Income Tax Officer, Ward-4(1)(10), Vadodara

The appeal of the assessee is allowed

ITA 370/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad31 May 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2017-18 Vivek Prahladbhai Patel The Income Tax Officer, B-302, Balaji Greens, Vs Ward-4(1)(10), B/H Sitaram Complex, Chhani- Vadodara Canal, Vadodara-391740 Gujarat Pan: Babpp7859 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Jigar Adhyaru, Ca Revenue By : Shri N.J. Vyas, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 16/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 31/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Is Directed Against The Order Of The Additional/Joint Commissioner Of Income Tax (Appeals)-1 Visakapatnam (Hereinafter Referred As “Cit(A)”), Dated 5-1-2024, For The Assessment Year2017-18, Whereby The Cit(A) Upheld The Addition Made By The Assessing Officer (Hereinafter Referred As “Ao”) Under Section 69A Of The Income Tax Act, 1961 (Hereinafter Referred As “The Act”). Vivek Prahladbhai Patel Vs. Ito Asst. Year : 2017-18

For Appellant: Shri Jigar Adhyaru, CAFor Respondent: Shri N.J. Vyas, Sr.DR
Section 69A

assessee filed his return of income on 12.8.2017 declaring total taxable income of Rs. 6,49,001/-.. The case was selected for limited scrutiny through CASS as during the period of demonetization, the assessee made substantial cash deposits in his bank account amounting

Abhishek Ashokkumar Jain, Ahmedabad vs. The Income Tax Officer, Ward-1(2)(1), Ahmedabad

In the result, the appeal of the Assessee is allowed, and the addition made by the AO is hereby deleted

ITA 252/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad30 May 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2017-18 Abhishek Ashokkumar Jain The Income Tax Officer 1 Bharatnagar Society, Vs Ward-1(2)(1), Sahapur Dudheshwar, Ahmedabad Ahmedabad-380004 Gujarat Pan: Aprpj3999P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vinit Mundra, Ar Revenue By : Shri N.J. Vyas, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 13/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 30/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Is Directed Against The Order Dated 19-12- 2023 Passed By The Additional/Joint Commissioner Of Income Tax (Appeals)-7 Kolkata (Hereinafter Referred As “Cit(A)”, Which Dismissed The Appeal Against The Order Of The Assessing Officer (Hereinafter Referred As “Ao”) Adding Cash Deposits In The Bank During The Demonetization Period As Unexplained Cash Under Section 68 R.W.S 115Bbe Of The Income Tax Act, 1961 (Hereinafter Referred A “The Act”) For The A.Y. 2017-18. 2. Assessee Has Raised The Following Grounds Of The Appeal: Abhishek Ashokkumar Jain Vs. Ito Asst. Year : 2017-18

For Appellant: Shri Vinit Mundra, ARFor Respondent: Shri N.J. Vyas, Sr.DR
Section 143(2)Section 68

filed its return of income for the assessment year 2017-18 declaring total income of Rs. 3,03,940/-. The case was selected for limited scrutiny through CASS. A notice u/s 143(2) and 1432(1) was sent to the assessee who filed the replies online using e-filing portal

Bhumika Mahesh Parwani, Ahmedabad vs. Income-Tax Officer, Ahmedabad

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

ITA 629/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad29 May 2024AY 2020-21

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2020-21 Bhumika Mahesh Parwani, Income Tax Officer Sadhu Vaswani Mansion, Vs Ward 1(3)(1), Mirghawad, Ahmedabad Ahmedabad-380002 Gujarat Pan: Aljpp2059A अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Ms. Neeju Gupta, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 13/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 29/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre(Nfac) [Hereinafter Referred As “Cit(A)”], Dated 01.08.2023, For The Assessment Year 2020-21, Wherein The Cit(A) Confirmed The Addition Made By The Assessing Officer (Hereinafter Referred As “Ao”) As Per The Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As "The Act".

For Appellant: Shri Sakar Sharma, ARFor Respondent: Ms. Neeju Gupta, Sr.DR
Section 142Section 143(2)Section 143(3)Section 56(2)(x)

assessment made by the Assessing Officer on the issues other than the issues for which notice u/s 143(2) was issued under CASS for limited scrutiny. 2. The Ld. NFAC-CIT(A) erred on facts and in law in not appreciating that family settlement/arrangements are not transfer and, therefore, gift ... assessment made by AO on the issues other than the issues for which notice u/s 143(2) was issued under CASS for limited scrutiny. The counsel for the assessee stated that the notice u/s 143(2) was issued to verify the investment in immovable property but the notice