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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

Advik Hi Tech Pvt Ltd, Pune vs. Dy.Comm.of Income Tax, Circle 8, Pune, Akurdi Pune

In the result, the cross appeal filed by the Revenue in ITA

ITA 1158/PUN/2023[2020-21]Status: DisposedITAT Pune18 Feb 2025AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

For Appellant: Shri Sharad A. Shah &For Respondent: Shri Amol Khairnar
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 35Section 35(1)Section 80GSection 80I

Rs.42,99,14,760/- after making adjustment of Rs.1,11,030/- to the total income of the appellant. Thereafter, the case was selected for complete scrutiny under CASS. Notices u/s.143(2) and 142(1) were issued along with questionnaire. In response to the said notices, the assessee company furnished ... through the AO, given the fact that the AO had not granted the said deductions in the computation and the case was selected for complete scrutiny. 25 ITA No.1158/PUN/2023 [A] ITA No.1330/PUN/2023 [R] 4) On the facts and circumstances of the case and in law, the ld. CIT(A) erred

Assistant Commissioner of Income Tax, Circle-1, Patna, Lok Nayak Bhawan, Dak Bunglow Chauraha vs. Mohamad Israil Cold Storages Private Limited, Ara

The appeal of the revenue is dismissed

ITA 198/PAT/2024[2017-18]Status: DisposedITAT Patna17 Feb 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.198/Pat/2024 Assessment Year: 2017-18 Acit, Circle-1, Patna…………...………………...…….………....Appellant Vs. Mohamad Israil Cold Storages Pvt. Ltd............................…..…..... Respondent 33Kh, Chik Toli, Bazar Samiti, Ara Bihar – 802301. [Pan: Aagcm3392N] Appearances By: Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Appellant. Shri Nishant Maitin, Ca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 09, 2025 Date Of Pronouncing The Order : January 17, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 23.11.2023 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. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2017-18 By Declaring Total Income Of Rs.15,87,600/-. The Case Of The Assessee Was Selected For Complete Scrutiny For Examination Of Cash Deposits Made During The Period Of Demonetization. Accordingly, Notices U/S 142(1) & 143(2) Of The Act Were Issued & The Assessee Responded By Submitting His Itr, Computation Of Income, Audit Report, Bank Statements & Other Supporting Documents Through Itr Portal. Upon Reviewing The Submissions, The Assessing Officer Observed That The During The

Section 115BSection 142(1)Section 250Section 69A

income for the assessment year 2017-18 by declaring total income of Rs.15,87,600/-. The case of the assessee was selected for complete scrutiny for examination of cash deposits made during the period of demonetization. Accordingly, notices u/s 142(1) and 143(2) of the Act were issued

Guru Nanak Mission Trust, Hyderabad vs. DCIT., Exemption Circle-1(1), Hyderabad

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

ITA 974/HYD/2024[2018-2019]Status: DisposedITAT Hyderabad13 Feb 2025AY 2018-2019

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.974/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2018-19) Guru Nanak Mission Trust, Dy. Commissioner Of Vs. Hyderabad. Income Tax-Exemption, Pan:Aabtg0502G Circle 1(1), Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Mohd. Fakhruddin, C.A. रधजस्‍व द्वधरध/Revenue By:: Shri Srinath Sadanala, Sr-Dr सुिवधई की तधरीख/Date Of 30/01/2025 Hearing: घोर्णध की 13/02/2025 तधरीख/Pronouncement: आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Guru Nanak Mission Trust (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 31.07.2024 For The A.Y. 2018-19. 2. The Assessee Has Raised The Following Grounds :

For Appellant: Shri Mohd. Fakhruddin, C.AFor Respondent: : Shri Srinath Sadanala, SR-DR
Section 11Section 11(2)Section 11(5)Section 143(2)Section 143(3)

exemption u/s.11 of the Income Tax Act, 1961 ('the Act') for Rs.1,39,27,871/-. The case of the assessee was selected for complete scrutiny under CASS and accordingly, notice u/s.143(2) of the Act was issued to the assessee on 23.09.2019. During the assessment proceedings, the Learned Assessing Officer