Limited Scrutiny judiciary-2

Limited Scrutiny not converted into complete scrutiny – ITAT dismisses Appeal

Diganta Deka Vs PCIT (ITAT Guwahati)

In a recent case, ITAT Guwahati ruled on 'Income other than business/profession mismatch,' setting aside the assessment order. Detailed analysis of the decision....

Section 263 Jurisdiction cannot exceed to issues not forming part of Limited scrutiny

Aggarwal Promoters Vs PCIT (ITAT Chandigarh)

Learn how the Income Tax Appellate Tribunal restricted the jurisdiction of Section 263 regarding issues not forming part of a limited scrutiny assessment in the case of Aggarwal Promoters Vs PCIT....

Limited scrutiny is limited to aspects of information received through AIR returns

Sanjeev Kr. Khemka Vs PCIT (ITAT Kolkata)

Sanjeev Kr. Khemka Vs PCIT (ITAT Kolkata) In the case of Sanjeev Kr. Khemka vs. PCIT (ITAT Kolkata), an appeal for the assessment year 2011-12 was made against the order of the Commissioner of Income Tax-15, Kolkata, dated 29.02.2016, passed under section 263 of the Income Tax Act, 1961 (referred to as ‘the Act’). The [&hellip...

Limitations on Section 263 Based on Guideline Value vs. Sale Consideration

CIT Vs Padmavathi (Madras High Court)

In CIT Vs Padmavathi, Madras High Court held that Section 263 cannot be invoked merely because guideline value was higher than sale consideration shown in conveyance deed...

Revisionary Jurisdiction Can’t Exceed Scope of “Limited Scrutiny”

Samastha Gujarathi Samaj Vs CIT (ITAT Pune)

ITAT Pune rules that assessment under limited scrutiny cannot exceed its prescribed scope, preventing the use of revisionary jurisdiction under section 263 of the Income Tax Act....

Limited Scrutiny: AO can’t verify cash withdrawals when permission was for cash deposit verification

Vishnu Srinivasa Rao Kakarla Vs ITO (ITAT Visakhapatnam)

ITAT Visakhapatnam in case of Vishnu Srinivasa Rao Kakarla Vs ITO clarifies that AO cannot travel beyond his jurisdiction to verify cash withdrawals when limited scrutiny was for verifying cash deposits....

Section 143(2) Notice: A Prerequisite for Income Tax Assessment in Limited scrutiny case

Angusamy Gounder Subbu Rathinamun Vs Assistant Commissioner (Madras High Court)

Angusamy Gounder Subbu Rathinamun Vs Assistant Commissioner (Madras High Court) The case of Angusamy Gounder Subbu Rathinamun Vs Assistant Commissioner, which was heard by the Madras High Court, presents a unique perspective on the role of Notice under Section 143(2) in income tax assessments. This verdict, handed down on an order of asse...

Enquiring on issues other than limited scrutiny issue before conversion into complete scrutiny is bad-in-law

Sukhdham Infrastructures LLP Vs ITO (ITAT Kolkata)

ITAT Kolkata held that enquiring on issues other than limited scrutiny issue, before conversion of limited scrutiny to complete scrutiny, is against the procedure laid down in Instruction No. 5/2016 of CBDT dated 14.07.2016. Accordingly, assessment order is quashed as nullity and bad-in-law....

Matter which was not subject matter of limited scrutiny cannot be raised in revisionary proceedings

Longia Engineers Vs PCIT (ITAT Chandigarh)

ITAT held that matter relating to wages/labour expenses which was not subject matter of limited scrutiny cannot be raised in revisionary proceedings u/s 263 for the first time....

PCIT not entitled to go beyond reasons related to limited scrutiny

Sanjiv Kumar Mittal Vs PCIT (ITAT Delhi)

Sanjiv Kumar Mittal Vs PCIT (ITAT Delhi) On appraisal of the evidences placed before us, we find that vide notice dated 10.08.2018 specific queries were raised by the AO in relation to the issue raised for the purposes of limited scrutiny, i.e., ‘Payment of tax in cash during demonetization period’. In response, the assessee has [&hel...

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