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| The Tax Publishers2019 TaxPub(DT) 7471 (Coch-Trib) : (2019) 202 TTJ 0913 INCOME TAX ACT, 1961
Section 263
Even in case of limited scrutiny assessment, AO was duty bound to make a prima facie enquiry as to whether there was any other item which required examination and in the assessment, potential escapement of income thereof exceeded Rs. 10 lakhs. He ought to have sought permission of Commissioner/DIT to convert the 'limited scrutiny assessment' into a 'complete scrutiny assessment'. Accordingly, assessee's argument that in case of limited scrutiny assessment, Pr. CIT could not exercise jurisdiction under section 263, was devoid of merit.
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Revision under section 263 - Erroneous and prejudicial order - Invocation of jurisdiction - Assessee pleading assessment to be based on limited scrutiny
Question arose for consideration was whether in case of limited scrutiny assessment, Pr.CIT could not exercise jurisdiction under section 263 even if potential escapement of income was far exceeding Rs. 10 lakhs. Held: Even in case of limited scrutiny assessment, AO was duty bound to make a prima facie enquiry as to whether there was any other item which required examination and in the assessment, potential escapement of income thereof exceeded Rs. 10 lakhs. He ought to have sought permission of Commissioner/DIT to convert the 'limited scrutiny assessment' into a 'complete scrutiny assessment'. Accordingly, assessee's argument that in case of limited scrutiny assessment, Pr. CIT could not exercise jurisdiction under section 263, was devoid of merit.
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 37(1) Section 43A
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