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“complete scrutiny”

Assessment ProceduresSection 143(3)Section 143(3)2,579 judgments

The decision most relied on for complete scrutiny is Dr. C. Balakrishnan Nair v. CIT (237 ITR 70), cited in 42 judgments on BharatTax.

Leading authorities on complete scrutiny

Dr. C. Balakrishnan Nair v. CIT
237 ITR 70 · 1999 · High Court
42
citing judgments

A restraint order under Section 132(3) cannot be passed solely on the ground that scrutiny of documents or assets could not be completed during a search, as the search process must be continuous. Additionally, Section 158BC (Chapter XIV-B) cannot be invoked if there is no violation of the Income-tax Act, such as when valid exemptions are claimed.

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.

70 ITD 214 11. Jain Bharat Tanners Vs. CIT (Mad) 264 ITR 673 12. Ashok Leyland Ltd. v. CIT(Mad)
101 ITD 495 · 2006 · ITAT
35
citing judgments

An assessment order is erroneous and prejudicial to the interest of the revenue if the Assessing Officer fails to conduct necessary inquiries or investigate facts when circumstances warrant it, demonstrating a lack of complete scrutiny. This failure to act as an investigator and not just an adjudicator can trigger revision under Section 263.

ITO v. V.R. Global Energy (P.) Ltd.
113 Taxmann.com 31 · 2020 · Supreme Court
21
citing judgments

Share capital and share premium cannot be treated as unexplained cash credits under section 68 of the Income Tax Act, especially when cash did not pass at any stage and entries made a complete round. The Supreme Court dismissed the Revenue's appeal against this view.

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.

2004) 267 ITR 698 (Raj) 5. Paul Mathews & Sons v CIT (2003) 263 ITR 101 (Ker) 6. CIT v. Arvind Jewellers
253 ITR 124 · 2002 · High Court
13
citing judgments

A revisionary order under Section 263 is invalid if it is based on the same facts and involves extensive enquiry after the assessment proceedings were completed, implying a lack of application of mind during the original assessment.

Bakshi Vikram Vikas Construction Co. P. Ltd. v. DCIT
131 CTR 203 · 1996 · High Court
11
citing judgments

The Project Completion Method (PCM) for accounting is a recognized and scientifically sound method that has judicial approval for real estate businesses, allowing profit or loss to be recognized only upon project completion.

CIT (2003) 263 ITR 101 (Ker) 6. CIT v Arvind Jewellers (2003) 259 ITR 502 (Guj) 7. CIT v. Hastings Properties
247 ITR 555 · 2001 · High Court
11
citing judgments

A Principal Commissioner (PCIT) cannot assume jurisdiction under Section 263 merely because the Assessing Officer's (AO) view is not acceptable, if the AO has made due enquiries and taken a plausible view.

Judgments citing complete scrutiny

Inductotherm (India) Pvt. Ltd., Ahmedabad vs. The Pr. CIT - 1, Ahmedabad

In the result, the appeal of the assessee is dismissed

ITA 369/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad21 May 2024AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2018-19 Inductotherm (India) Pvt.Ltd. The Principal Commissioner Of Sm-6, Road No.11, Sanand Ii Vs Income Tax-1, Industrial Estate, Bol Village, Ahmedabad Sanand, Ahmedabad – 382 170 (Gujarat) Pan: Aaaci 3672 B अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Mehul K. Patel, Advocate Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 22/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2024 आदेश/O R D E R आदेश आदेश आदेश Per Makarand V. Mahadeokar: The Present Appeal Has Been Filed By The Assessee Against Order Passed By The Ld. Pr.Cit, Ahmedabad-1, [Hereinafter Referred To As “Ld. Pcit”] Dated 30/03/2023 In Exercise Of His Revisionary Jurisdiction Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], Challenging The Initiation Of Proceedings Under Section 263 Of The Act For The Assessment Year (Ay) 2018-19. 2. The Assessee Has Challenged Order Raising The Following Grounds Before Us: 1. That On Facts & In Law, The Learned Pcit Has Grievously Erred In Exercising Jurisdiction U/S 263 Of The Act. 2. That The Learned Pcit Has Grievously Erred In Law & On Facts, In Holding That The Ao Has Not Properly Examined The Issue Of Deduction Of Claim Of Excess Provision Of Inductotherm (India) Pvt.Ltd. Vs. Pr.Cit-1 Asst.Year: 2-18-19

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri Sudhendu Das, CIT-DR
Section 143(3)Section 263

return of income for AY 2018-19 on 28.11.2018 declaring total income of Rs.1,00,21,30,580/-. The case was selected for complete scrutiny and the assessment order u/s 143(3) read with sections 143(3A) & 143(3B) of the Act, 1961 was passed accepting returned income. 3.1. While

Ahlcon Parenterals (India) Ltd., New Delhi vs. Pr, . CIT - 3, New Delhi

The appeal of the assessee is allowed

ITA 769/DEL/2021[2015-16]Status: DisposedITAT Delhi21 May 2024AY 2015-16

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2015-16 Ahlcon Parenterals (India) Ltd., Vs Pr. Cit-3, Plot No.30/30-E, Shivaji Marg, New Delhi. 2Nd Floor, Najafgarh Road, New Delhi – 110 015. Pan: Aaaca1112C (Appellant) (Respondent) Assessee By : Shri Ketan Vaid, Ca Revenue By : Shri Zafarul Haque Tanweer, Cit-Dr Date Of Hearing : 26.02.2024 Date Of Pronouncement : 21.05.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 25.03.2021 Passed By The Pr. Commissioner Of Income Tax (Central), Delhi-3 (Hereinafter Referred As The Ld. Pcit) In Revision No.Pcit (Central), Delhi-3/Revision- 263/100000193785/2021 Arising Out Of The Appeal Before It Against The Order Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Dcit, Central Circle-31, New Delhi (Hereinafter Referred To As The Ld. Ao). 2. Heard & Perused The Record. At The Outset, The Ld.Ar Has Pointed Out That There Was A Delay In Filing The Appeal. The Ld. Ar Has Submitted That The Period Of Delay Stands Covered By The Hon’Ble Supreme Court Directions In Writ Petition (Civil) No.3 Of 2020 Wherein Due To Covid-19 Pandemic, The Date Of Filing Of The Appeal Was Extended. The Ld. Dr Could Not Dispute This. Accordingly, The Application Is Allowed.

For Appellant: Shri Ketan Vaid, CAFor Respondent: Shri Zafarul Haque Tanweer, CIT-DR
Section 143(3)Section 263Section 263(1)Section 32

points emerged: 3.1 There is an undisclosed TDS of Rs.4929.43 which has resulted into under assessment by Rs.4,29,493/-. The case was under complete Scrutiny and this was highlighted as one of the reasons but was not reconciled in assessment proceedings. 3.2 Purchases shown in ITR are less than

Shivam Builders Private Limited, Ahmedabad vs. The Deputy Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, appeal filed by the assessee is dismissed

ITA 317/AHD/2022[2015-16]Status: DisposedITAT Ahmedabad09 May 2024AY 2015-16

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 317/Ahd/2022 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2015-16) िनधा"रण वष" Shivam Builders Private Deputy Commissioner Of बनाम/ बनाम बनाम बनाम Limited Income Tax Vs. 802, 8Th Floor, Rajvi Circle 4(1)(1), Ahmedabad Arcade, Nr. Gurukul Drive In Road, Memnagar, Ahmedabad, Gujarat 380052 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccs0296D (Appellant) .. (Respondent) Shri Hem Chhajed, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri J L Bhatia, Sr. Dr Date Of Hearing 18/04/2024 09/05/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 27.07.2022 For The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds In This Appeal:

For Respondent: Shri J L Bhatia, Sr. DR
Section 143(2)Section 145(3)

filed its return of income for A.Y. 2015-16 on 26.09.2015 declaring loss of Rs.3,29,55,888/-. The case was selected for complete scrutiny under CASS and accordingly notice u/s. 143(2) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) was issued by the DCIT