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What is the scope of assessment under section 143(3) i.e. scrutiny assessment?​​

Open uri20170510 32134 ughyv5?1494421703 asked

Hi I want to know, What is the scope of assessment under section 143(3) i.e. scrutiny assessment?​​

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

No intimation/summary proceedings after notice under section 143(2) - Supreme Court — In CIT v. Gujrat Electricity Board [2003] 260 ITR 84 (SC), while approving/affirming judgements of various high courts on this issue the law laid down is that summary assessment cannot be made after issuance of notice under section 143(2) - the initiation of regular (scrutiny) assessment.

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Picsjoin 2017224123730582 answered

Hie Gunesh, - The objective of scrutiny assessment is to confirm that the taxpayer has not understated - The income or has not computed excessive loss or has not underpaid the tax in any manner. - To confirm the above, the Assessing Officer carries out a detailed scrutiny of the return of income and will satisfy himself regarding various claims, deductions, etc., made by the taxpayer in the return of income.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

1.Summary assessment — Summary assessment can be made under section 143(1)(a) or section 143(1) by the Assessing Officer. In case of a summary assessment, usually return filed by the assessee is accepted subject to some adjustments admissible as per law prevailing from time to time. The Assessing Officer is empowered to issue notice under section 143(2) even after the issuance of intimation under section 143(1)(a) but he has no power to issue intimation under section 143(1)(a) after issue of the notice under section 143(2) as held by the Supreme Court. 2. No intimation/summary proceedings after notice under section 143(2) - Supreme Court — In CIT v. Gujrat Electricity Board [2003] 260 ITR 84 (SC), while approving/affirming judgements of various high courts on this issue the law laid down is that summary assessment cannot be made after issuance of notice under section 143(2) - the initiation of regular (scrutiny) assessment. 3. Regular assessment under section 143(2) is usually at the instance of the Assessing Officer — Usually, regular assessment (popularly called as scrutiny assessment) is undertaken by the Assessing Officer by issuing appropriate notices, calling for information, evidence, books of account details and supporting documents, etc. Generally the assessees do not want a scrutiny assessment. However, in some circumstances assessee may wish a scrutiny assessment so that he can make further claims which were not made in the return for some reason. 4.Circumstances in which the assessee may prefer a scrutiny assessment — There can be some circumstances in which the assessee may wish that assessment be completed after providing opportunity of hearing and examining records, etc., In some cases it may be found that assessment has been completed under section 143(1) or under section 143(1)(a), and the time for issuance of notice by the Assessing Officer has also lapsed. In such a case even if the assessee request the Assessing Officer to issue a notice under section 143(2) it may not be possible to issue the same. Some circumstances in which the assessee may wish that a regular assessment be made (at least to consider his claims) to substitute summary assessment are visualised as follows: ■ Assessee did not make certain claims due to ignorance, or in view of judgement of ITAT or High Court or non-availability of relevant document/certificate, etc., However, subsequently the claim has been held admissible by the high court or the Supreme Court or amendment of law. Or the relevant document is now available. ■ Sometimes, assessee makes, below the computation, certain additional/further claims for the consideration of the Assessing Officer. However, the same are not considered by the Assessing Officer in summary proceeding and it may not be considered due to limited scope of permissible adjustments. ■ There may not be material on record so as to enable a rectification or time limit for rectification or revision may have lapsed. ■ The assessment may have been finalised under section 143(1) or 143(1)(a) without considering and/or allowing appropriate relief which is now available.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

The objective of scrutiny assessment is to confirm that the taxpayer has not understated the income or has not computed excessive loss or has not underpaid the tax in any manner. To confirm the above, the Assessing Officer carries out a detailed scrutiny of the return of income and will satisfy himself regarding various claims, deductions, etc., made by the taxpayer in the return of income.​

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