← All Phrases

“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

Income-Tax Officer Ward-2, Ahmednagar vs. Samta Gramin Bigarsheti Sahakari Patsanstha Maryadit, Ahmednagar

In the result, the appeal filed by the Revenue stands dismissed

ITA 180/PUN/2024[2020-21]Status: DisposedITAT Pune15 Jul 2024AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.180/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Ito, Ward-2, Ahmednagar. Vs. Samta Gramin Bigarsheti Sahakari Patsanstha Maryadit, Newasa Shevgaon Road, Kukana, Tal. Newasa, Dist.-Ahmednagar- 414604. Pan : Aacas1915K Appellant Respondent Assessee By : Smt. Payal Rathi Revenue By : Shri Sourabh Nayak Date Of Hearing : 26.06.2024 Date Of Pronouncement 15.07.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 14.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals) Erred In Allowing The Deduction Of Rs.1,54,02,646/- U/S 80P(2)(D) Of The Act, As The Assessee Claimed Deduction U/S 80P(2)(D) In Respect Of The Interest Income From Investment, Which Is Not The Operational Income.

For Appellant: Smt. Payal RathiFor Respondent: Shri Sourabh Nayak
Section 143(1)Section 143(2)Section 143(3)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

said return of income was processed u/s 143(1) of the IT Act. Subsequently, the case of the assessee was selected for Complete Scrutiny to examine the following issues :- (i) High Creditors/liabilities (ii) High interest expenditure/finance cost and 3 (iii) Deduction from total income under Chapter Vl-A Accordingly, notices

Shri. Rafeeq Ismailsab Bairakdar, Mudhol vs. Income Tax Officer, Ward-1, Tps, Bagalkote

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

ITA 612/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubeyrafeeq Ismailsab Bairakdar The Income Tax Officer Cts Yadawad Cross Ward 1 & Tps Lokapur Mudhol Vs. Aayakar Bhavan Mudhol 587313 Sector No. 24, Navanagar Pan – Ayspb5817A Bagalkot 587102 (Appellant) (Respondent) Assessee By: Shri Saidappa B. Gadadi, Ca Revenue By: Shri Guru Kumar S., Addl Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 08.06.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1060531591(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 06.02.2024 Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Hon'Ble Cit (Appeals) Being A Quasi-Judicial Authority Has Failed Verify The Loan Taken From Shri Aslam I Bairkadar As In The Appellate Order The Learned Cit(A) Has Reiterated The Name Of Appellant Only It Shows That Order Has Been Passed In Hurry Burry Manner Without Going Into Detailed Verification & Simply Stated Assessee Has Submitted Only Icici Bank Account. 2. The Hon'Ble Cit(Appeals) Has Erred In Not Giving Reasonable Opportunity Of Being Heard While Confirming The Additions As Every Time The Learned Cit(A) Has Asked "In Support Of Your

For Appellant: Shri Saidappa B. Gadadi, CAFor Respondent: Shri Guru Kumar S., Addl CIT-DR
Section 133(6)Section 250Section 37Section 44ASection 68

Assessee are also audited by a Chartered Accountant U/s 44AB of the I. Tax act, 1961. Subsequently the case was selected for complete scrutiny on the issue of “Verification of Transactions”. The Assessing Officer (AO) observed that during the course of assessment proceedings, in spite of sufficient opportunities offered