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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

Brijendra Kumar Yadav, New Delhi vs. ITO Ward-44(4), New Delhi

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

ITA 766/DEL/2024[2017-18]Status: DisposedITAT Delhi23 Aug 2024AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanbrijendra Kumar Yadav, Vs. Ito, Ward 44 (4), Rzp-321, Raj Nagar – Ii, Delhi. Palam Colony, New Delhi – 110 045. (Pan : Aaspy4492Q) (Appellant) (Respondent) Assessee By : Shri Lalit Mohan, Ca Shri Parth, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 01.08.2024 Date Of Order : 23.08.2024 Order Per S.Rifaur Rahman,Am: The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi [“Ld. Cit(A)”, For Short]/National Faceless Appeal Centre (Nfac) Dated 03.01.2024 For The Assessment Year 2017-18. 2. In This Case, The Assessee E-Filed His Original Return Of Income On 31.10.2017 Declaring Total Income Of Rs.12,25,280/-. Subsequently, The Case Was Selected For Complete Scrutiny On The Basis Of Cass For The Reason ‘Cash

For Appellant: Shri Lalit Mohan, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 115BSection 142(1)Section 144Section 69A

assessee e-filed his original return of income on 31.10.2017 declaring total income of Rs.12,25,280/-. Subsequently, the case was selected for complete scrutiny on the basis of CASS for the reason ‘cash 2 deposit during demonetization period. Assessing Officer got the information that the assessee had deposited Rs.2

Arunachalam Sankar, Perambalur vs. ITO Ward 1, Perambalur

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

ITA 881/CHNY/2024[2017-18]Status: DisposedITAT Chennai22 Aug 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.881/Chny/2024 "नधा"रण वष"/Assessment Year:2017-18 Shri Arunachalam Sankar, The Income Tax Officer, 3/10, Indhira Street, Vs. Ward 1, Perambalur – 621 212. Perambalur. Pan: Cmjps 9306L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Girish Kumar, Advocate ""यथ"क" ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 22.08.2024 घोषणा क" तार"ख/Date Of Pronouncement : 22.08.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi In Order No.Itba/Nfac/S/250/2023-24/ 1060927038(1) Dated 14.02.2024. The Assessment Was Framed By The Income Tax Officer, Ward 1, Perambalur For The Assessment Year 2017-18 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 30.12.2019. 2. The Only Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A)-Nfac In Confirming The Action Of Ao In Re-Computing The Gross Profit Rate At 12% On The Gross Sales & Making Addition Of Rs.6,82,333/-. For This, Assessee Has Raised Various Grounds Which Are Argumentative, Exhaustive & Hence, Need Not Be Reproduced.

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 69

case. We noted that the assessee is a dealer of Bharathi Airtel Ltd., selling SIM card, etc. The AO selected the case for complete scrutiny to verify the following:- “1. Nature of business 2. All Bank Statements for the period 1.4.2015 to 31.3.2017 3. Source of cash deposits made during