Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Act Rules Income Tax
    Comparison of section 465 "Penalty for failure to answer questions, sign statements, furnish informa...
    Act Rules Income Tax
    Comparison of section 456 "Penalty for failure to furnish statement or information or document by an...
    Act Rules Income Tax
    Comparison of section 455 "Penalty for furnishing inaccurate statement of financial transaction or r...
    Act Rules Income Tax
    Comparison of section 452 "Penalty for failure to comply with provisions of section 187." between th...
    Act Rules Income Tax
    Comparison of section 451 "Penalty for failure to comply with provisions of section 186." between th...
    Act Rules Income Tax
    Comparison of section 443 "Penalty in respect of certain income." between the Income-Tax Act, 2025 (...
    Act Rules Income Tax
    Comparison of section 439 "Penalty for under-reporting and misreporting of income." between the Inco...
    Act Rules Income Tax
    Comparison of section 438 "Set off and withholding of refunds in certain cases." between the Income-...
    Act Rules Income Tax
    Comparison of section 437 "Interest on refunds." between the Income-Tax Act, 2025 (as passed) and th...
    Act Rules Income Tax
    Comparison of section 428 "Fee for default in furnishing return of income." between the Income-Tax A...
    Act Rules Income Tax
    Comparison of section 427 "Fee for default in furnishing statements." between the Income-Tax Act, 20...
    Act Rules Income Tax
    Comparison of section 425 "Interest for deferment of advance tax." between the Income-Tax Act, 2025 ...
    Act Rules Income Tax
    Comparison of section 424 "Interest for defaults in payment of advance tax." between the Income-Tax ...
    Act Rules Income Tax
    Comparison of section 423 "Interest for defaults in furnishing return of income." between the Income...
    Act Rules Income Tax
    Comparison of section 415 "Stay of proceedings in pursuance of certificate and amendment or cancella...
    Act Rules Income Tax
    Comparison of section 411 "When tax payable and when assessee deemed in default." between the Income...
    Act Rules Income Tax
    Comparison of section 406 "Payment of advance tax by assessee on his own accord." between the Income...
    Act Rules Income Tax
    Comparison of section 402 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act Rules Income Tax
    Comparison of section 398 "Consequences of failure to deduct or pay or, collect or pay." between the...
    Act Rules Income Tax
    Comparison of section 397 "Compliance and reporting." between the Income-Tax Act, 2025 (as passed) a...
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Act Rules Income Tax
Show AI Summary
Tax penalties for procedural non-compliance impose fixed and daily monetary sanctions and designate imposing authorities by statute.
Clause 465 distinguishes fixed penalties for discrete refusals or omissions from continuing daily penalties for delays or failures to furnish returns, statements, certificates or allow inspections, caps certain penalties by reference to deductible or collectible tax, allocates specified income tax officers to impose such penalties, and defines "income tax authority"; it cross references multiple substantive provisions and contains no express procedural safeguards, appeal route, or mitigation mechanism.
Act Rules Income Tax
Show AI Summary
Penalty for non-furnishing by eligible investment funds may be imposed as a fixed sanction for late or missing reports.
The provision authorises the prescribed income tax authority to direct an eligible investment fund to pay a fixed penalty of five lakh rupees where the fund fails to furnish a required statement, information or document within the time prescribed under the referenced provision; the sanction is discretionary and the text contains no exceptions, mitigation procedures or notice stages in the extract provided.
Act Rules Income Tax
Show AI Summary
Penalty for inaccurate financial statements made mandatory; reporting institutions face per-account liability and recovery rights from account-holders.
Section 455 imposes a fixed penalty on persons required to furnish statements under section 508(1) for inaccurate information, failure to correct within the period under section 508(8), or non-compliance with due diligence under section 508(9). It also imposes an additional per-account liability on reporting financial institutions where inaccuracies arise from false or inaccurate information furnished by account-holders, and entitles institutions to recover or retain amounts paid from those account-holders. The provision cross-references section 508 and does not set out adjudicatory or appeal procedures.
Act Rules Income Tax
Show AI Summary
Penalty for failure to provide electronic payment facilities imposes strict daily liability and removes statutory exception to avoid sanction.
The provision imposes a continuing daily monetary penalty, to be levied by the Assessing Officer, for failure to provide facilities to accept payments through prescribed electronic modes; the Bill included a proviso allowing avoidance of the penalty on proof of good and sufficient reason, but the enacted text omits that proviso, leaving key definitions, evidentiary standards, and procedural modalities unspecified.
Act Rules Income Tax
Show AI Summary
Penalty for failure to comply: Assessing Officer may impose monetary penalty equal to sums received unless recipient proves good reasons.
Section 451 authorises the Assessing Officer to impose a penalty equal to the sum received by a person in contravention of the relevant statutory provision; the earlier Bill expressly allowed escape if the recipient proved "good and sufficient reasons," but the enacted text omits that proviso, leaving the ambit of any exception, standards for evaluation, and the character of assessing discretion unspecified.
Act Rules Income Tax
Show AI Summary
Penalty on undisclosed income: fixed levy on withholding-tax liability, with exemption for timely disclosure and payment.
A discretionary penalty applies where assessed income includes categories of unexplained or undisclosed receipts imported by reference to existing provisions; it is levied as a percentage of the tax payable under the withholding-tax provision, is additional to that tax, is not imposed if the income was included in the return and the withholding tax paid within the relevant year, and cannot be duplicated by another penalty for the same income. The enacted text omits an explicit cross-application of existing procedural penalty machinery, creating procedural uncertainty.
Act Rules Income Tax
Show AI Summary
Penalty for under-reporting: statutory regime imposing enhanced sanctions for deliberate misreporting and rules for computing tax on additions.
Clause 439 creates a penalty regime for under reporting and aggravated misreporting during tax proceedings by defining deemed under reporting events, prescribing formulae to compute under reported income (including interactions with deemed total income rules), allocating additions across years to prevent double counting, listing exceptions where penalties will not apply, enumerating aggravating misreporting acts that attract higher sanctions, and requiring that penalty be imposed by written order of the Competent Authority.
Act Rules Income Tax
Show AI Summary
Set-off of tax refunds: authorities may offset or temporarily withhold refunds subject to written intimation and procedural safeguards.
Section 438 authorises the Assessing Officer and senior Commissioners to set off refunds due against outstanding tax liabilities and to withhold refunds where assessment or reassessment proceedings are pending. Set off must follow written intimation to the taxpayer. Withholding a refund while proceedings are pending is limited in time and requires reasons recorded in writing plus prior approval of the Principal Commissioner or Commissioner.
Act Rules Income Tax
Show AI Summary
Interest on refunds: entitlement to monthly simple interest and additional annual interest where orders trigger refunds.
Interest on refunds is payable as simple interest at a monthly rate from specified starting dates determined by refund source (tax collected at source/advance tax/treatment as paid; tax paid under specified provisions; excess payments under demand notices), with an additional annual interest where refunds follow certain appellate or rectification orders. Periods attributable to the assessee/deductor are excluded; immaterial refunds below a threshold do not attract interest for defined categories; interest is adjusted if subsequent orders change the underlying amount and assessing officers may demand excess interest.
Act Rules Income Tax
Show AI Summary
Two-tier fee for late tax return filing: fixed higher fee for higher-income filers and capped fee for others.
A statutory two tier fee applies where a person required to furnish a return within the prescribed time fails to do so. Both enacted and bill texts impose a fixed higher fee for taxpayers above the income threshold and a lower fee capped for taxpayers at or below that threshold. The enacted drafting places the capped lower fee first, preserving discretion up to the cap for lower income filers; both texts operate without prejudice to other provisions of the Act and cross reference the filing time provision. Procedural and enforcement details are not stated.
Act Rules Income Tax
Show AI Summary
Daily fee for delayed tax statements requires prepayment before filing and is capped at the tax collectible amount.
A mandatory daily fee applies where a person fails to deliver a prescribed statement of tax deducted or collected at source within the time prescribed in a cross referenced subsection; the fee accrues each day until compliance, is capped so it does not exceed the amount of tax deductible or collectible for the period, and must be paid before delivering the delayed statement, without prejudice to other liabilities under the Act.
Act Rules Income Tax
Show AI Summary
Advance tax interest rules require instalment-specific payments; shortfalls attract staged interest and safe harbour thresholds for compliance relief.
Section 425 imposes interest where advance tax instalments fall short of prescribed percentages by due dates, tying liability to tax due on the returned income. It prescribes staged instalment percentages and graduated interest on interim versus final shortfalls, provides two early safe harbour minima that eliminate interest if met, treats certain classes (profits declared under specified entries) with a distinct simple interest rule for the final instalment, and exempts shortfalls from interest for specified late arising incomes if taxed by later instalments or by 31 March.
Act Rules Income Tax
Show AI Summary
Interest for defaults in payment of advance tax triggers monthly simple interest where advance payments fall short of assessed tax.
The provision charges simple interest where a taxpayer fails to pay advance tax or pays less than the safe harbour proportion of assessed tax, starting from 1 April following the tax year until determination of total income or completion of regular assessment. Interest is computed on assessed tax or the shortfall, with the assessed tax base reduced by specified items such as tax deducted/collected at source, reliefs and eligible tax credits; reassessment or recomputation increases or reduces interest accordingly and payments already made reduce liability.
Act Rules Income Tax
Show AI Summary
Interest for defaults in furnishing return may accrue from differing start dates, altering the interest period and liabilities.
Section 423 charges simple interest for defaults in furnishing returns by applying a formula based on a tax base "A" and a period "T", with a Table linking specific filing or non-filing scenarios to starting and ending events for the interest period, reductions of the tax base by a prescribed definition of "tax paid", and provisions for adjustment (notice of demand or refund) where post-assessment orders change the tax on which interest is calculated.
Act Rules Income Tax
Show AI Summary
Stay of recovery: mandatory pause during granted payment time and while appeal-linked reductions remain pending.
Section 415 requires the Tax Recovery Officer to grant time for payment and stay recovery during that period, and to stay recovery of any portion of a certificate corresponding to a reduced demand while related proceedings remain pending; where the order giving rise to the demand is modified and becomes final, the Officer must amend or cancel the certificate. The Act's enacted text links reductions specifically to modification of the order giving rise to the demand, narrowing the Bill's broader phrasing.
Act Rules Income Tax
Show AI Summary
Payment deadline for tax demands triggers monthly interest and potential acceleration on instalment default, while relief may be available.
Clause 411 makes amounts in a notice of demand payable ordinarily within thirty days of service, permits the AO with Joint Commissioner approval to shorten that period, and charges simple monthly interest from the day after the due date until payment. The AO may extend time or allow instalments on timely application, but any instalment default accelerates the whole outstanding amount. Commissioners may reduce or waive interest for genuine hardship or circumstances beyond control, subject to cooperation and procedural safeguards. Where foreign law prevents remittance, the non remittable portion must not be treated as in default.
Act Rules Income Tax
Show AI Summary
Advance tax obligation: taxpayers must self estimate income and pay instalments, with permitted adjustments to remaining payments.
Every person liable to pay advance tax must remit instalments based on the assessee's own estimate of current income (the specified sum) and the tax thereon, calculated by the prescribed method and paid at prescribed instalment percentages and due dates; taxpayers may increase or reduce amounts in remaining instalments to reflect revised estimates, and the clause itself defines specified sum but is silent on exceptions, enforcement, interest, penalties and procedural recordkeeping.
Act Rules Income Tax
Show AI Summary
Withholding definitions expanded to include both incorrect deduction and collection rates, increasing administrative scrutiny of statements.
Section 402 provides the definitional framework for deduction and collection at source, specifying who is a person responsible for paying, buyer, seller and other categories, and defining transactional terms including rent, immovable property and digital-economy roles. The Act expands the concept of an "incorrect claim apparent from any information in the statement" to cover both incorrect rates of deduction and incorrect rates of collection, thereby enabling identification of filing errors from statements alone. Turnover thresholds and carve-outs determine when withholding obligations arise; several definitions rely on cross-references to external provisions.
Act Rules Income Tax
Show AI Summary
Deemed assessee in default for non-deduction or non-collection of tax exposes deductors/collectors to interest and asset charge.
Failure to deduct, collect, or pay tax causes the person required to do so to be deemed an assessee in default, liable for interest on delayed deduction/collection and on delayed payment, and, where tax has been deducted or collected but not paid, the tax and interest form a statutory charge on all assets; a safe harbour exists if the recipient has filed a return, included the amount and paid tax and the deductor/collector produces the prescribed accountant's certificate, while penalty can be imposed only if the assessing officer is satisfied there were no good and sufficient reasons for the failure.
Act Rules Income Tax
Show AI Summary
TAN/PAN compliance tightens reporting and mandates higher withholding where PAN is not furnished, while shortening correction windows.
Clause 397 mandates TAN application and mandatory TAN quoting by deductors/collectors, requires payees/payers to furnish a PAN (with enacted text adding a "valid" PAN requirement), prescribes higher withholding/collection rates where PAN is not furnished subject to enumerated exceptions, requires timely deposit of deducted/collected tax and filing of prescribed statements, provides a correction statement mechanism with a time limit, sets special reporting duties for payments to non residents and small interest payments by banks/co operatives/public companies, and preserves collector liability for unpaid but collectible tax.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Validity of Scrutiny Notice under Section 143(2) and Non-Conformity with CBDT-Prescribed Formats

23 September, 2026

Contents
Circulars
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court.

2026 (7) TMI 1968 - ITAT BENGALURU (LB) (SB)

At a Glance

The validity of a scrutiny notice under Section 143 does not depend, by itself, upon conformity with the three formats prescribed in the CBDT Instruction dated 23 June 2017. The Special Bench has answered the reference against invalidation: a notice under section 143(2) that is otherwise issued and served within the statutory period, and which effectively conveys selection of the return for scrutiny, is not rendered invalid merely because it does not state whether the scrutiny is Limited Scrutiny, Complete Scrutiny or Compulsory Manual Scrutiny.

The decisive distinction is between a statutory condition for the assumption of jurisdiction and an administrative prescription governing the form and management of scrutiny proceedings. The 2017 Instruction is binding upon departmental authorities for administrative purposes, but its breach does not automatically create a jurisdictional defect where the Act itself does not require disclosure of the scrutiny category. Any defect of this kind is, in appropriate circumstances, protected by Section 292B, subject to the notice being in substance and effect consistent with the Act and the taxpayer not establishing actual prejudice.

The ruling does not dilute the separate rule that, where a case is in fact selected for limited scrutiny, the Assessing Officer must remain within the authorised scope unless the prescribed procedure for expansion is followed. The validity of the initiating notice and the legality of the eventual scope of enquiry remain analytically distinct questions.

Background & Context

The controversy arose from the CBDT Instruction on issue of notices under section 143(2) in revised format. It introduced three distinct templates: Limited Scrutiny under Computer Aided Scrutiny Selection, Complete Scrutiny under Computer Aided Scrutiny Selection, and Compulsory Manual Scrutiny. Paragraph 3 directs that all scrutiny notices under section 143(2) "shall henceforth, be issued in these revised formats only".

The limited-scrutiny template states that the return has been selected for scrutiny and that specified issues have been identified for examination. The complete-scrutiny template states that the return has been selected for Complete Scrutiny. The compulsory-manual-scrutiny template refers to selection on the basis of the applicable manual compulsory guideline. Each format also contemplates an opportunity to provide evidence or information and provides for electronic assessment proceedings.

These formats were intended to standardise departmental communication in an electronic assessment environment. A divergence subsequently emerged in Tribunal decisions: one approach treated non-use of the prescribed format as fatal to the notice and consequential assessment; the other treated it as a curable irregularity where the taxpayer was informed of scrutiny, participated effectively, and could not demonstrate prejudice. The Special Bench resolved this divergence in 2026 (7) TMI 1968 - ITAT BENGALURU (LB) (SB).

Key Issues / Provisions

Statutory content of a scrutiny notice

Section 143(2) applies where a return has been furnished under section 139 or in response to a notice under section 142(1). It authorises the Assessing Officer or prescribed authority, where it considers it necessary or expedient to ensure that income is not understated, loss is not excessively computed, or tax is not underpaid, to serve a notice requiring the assessee, on a specified date, "either to attend the office of the Assessing Officer or to produce, or cause to be produced before the Assessing Officer any evidence" relied upon in support of the return.

The proviso is equally material: "no notice under this sub-section shall be served on the assessee after the expiry of three months from the end of the financial year in which the return is furnished." Thus, issuance and service within the statutory time limit, coupled with the statutory requirement to attend or produce evidence in support of the return, form the central requirements under section 143(2).

Board instructions and their administrative force

Section 119(1) permits the Board to issue orders, instructions and directions for the proper administration of the Act, and requires income-tax authorities and persons employed in executing the Act to "observe and follow" them. Section 119(2)(a) further enables directions, not prejudicial to assessees, concerning guidelines, principles or procedures in assessment and collection work.

The 2017 Instruction is therefore binding upon departmental authorities as an administrative direction. The question, however, is not merely whether it binds officers; it is whether its breach converts an otherwise statutorily compliant section 143(2) notice into an invalid assumption of jurisdiction.

Curative and service-related provisions

Section 292B provides that no notice, assessment or other proceeding is invalid merely because of a mistake, defect or omission if it is "in substance and effect in conformity with or according to the intent and purpose of this Act." Circular No. 179/1975 explains that this provision addresses purely technical objections without substance that might otherwise impede assessment proceedings.

Section 292BB operates in a different field. Where an assessee appears or co-operates in an assessment or reassessment inquiry, it deems a notice to have been duly served in time and in accordance with the Act, and precludes objections that it was not served, was not timely served, or was served improperly. This deeming rule is subject to the proviso where the objection is raised before completion of assessment. It concerns service-related objections; Section 292B addresses defects in a notice or proceeding that otherwise meets the substantive statutory test.

Section 282A separately requires a notice to be signed and issued in paper form or communicated electronically as prescribed, and deems authentication where the name and office of a designated income-tax authority is printed, stamped or otherwise written on it.

Detailed Analysis

The Special Bench ruling: form does not displace statutory substance

In 2026 (7) TMI 1968 - ITAT BENGALURU (LB) (SB), the notice had been issued within limitation, duly served, and followed by inquiries under section 142(1). The taxpayer had participated in the proceedings without objecting to the notice format before the Assessing Officer. The challenge was confined to the absence of conformity with the 2017 prescribed format.

The Special Bench held that neither the Act nor the Rules prescribe a statutory format for a section 143(2) notice. Crucially, the expressions "Limited Scrutiny", "Complete Scrutiny" and "Manual Scrutiny" do not occur in section 143(2). They are administrative classifications used for management of scrutiny cases. Accordingly, their omission from the notice does not, by itself, negate the statutory substance of a notice that informs the taxpayer of scrutiny and calls for participation and supporting evidence.

The Bench applied the principle that where the legislature has expressly stipulated particular conditions, further jurisdictional conditions cannot be imported through an administrative instruction. A Board instruction may regulate departmental conduct and may expose non-compliant officers to administrative consequences; nevertheless, invalidation of a proceeding follows only where the breach affects a statutory condition precedent or results in demonstrable prejudice. The referred question was consequently answered in the negative and in favour of the revenue.

The ruling adopts a fact-sensitive test. Participation alone is not treated as a universal cure for every jurisdictional defect. Rather, the relevant enquiry is whether the statutory notice existed, was issued by a competent authority within limitation, identified the taxpayer and assessment year, conveyed scrutiny, afforded the statutory opportunity, and whether any real confusion or prejudice arose from the alleged formal deviation.

Earlier contrary Tribunal decisions on notice format

2024 (11) TMI 970 - ITAT KOLKATA admitted an additional legal ground concerning the section 143(2) notice and treated the prescribed format as significant. Its operative conclusion, however, rested on a finding that additions had been made beyond the limited-scrutiny issue without compliance with conversion safeguards. Its continuing relevance is therefore strongest on unauthorised expansion of limited scrutiny rather than on format non-conformity alone.

2024 (11) TMI 1455 - ITAT KOLKATA treated a notice not falling within any prescribed 2017 format as invalid and quashed the consequential assessment. It proceeded on the view that CBDT instructions are mandatory and binding. That conclusion on the standalone format issue is contrary to the Special Bench's determination that administrative format requirements cannot be elevated into an unstated statutory jurisdictional condition.

2025 (3) TMI 1494 - ITAT KOLKATA similarly held that a notice describing only computer-aided scrutiny selection, without identifying the scrutiny category, was invalid and that the consequential assessment could not survive. The Special Bench specifically considered this line of authority and found that it had not addressed the curative scope of section 292B in the context of a notice that otherwise fulfilled section 143(2).

2025 (4) TMI 1668 - ITAT KOLKATA set aside a notice not in the prescribed format and treated the consequential assessment as void. It also noted the characterisation of the 2017 communication as an internal departmental communication. The Special Bench clarifies the legal consequence of that character: even an instruction binding on officers does not, without more, invalidate statutory proceedings that remain substantively compliant.

2025 (5) TMI 786 - ITAT KOLKATA held that omission to specify limited, complete or compulsory manual scrutiny violated the Board's instruction and invalidated the assessment. This is another contrary format-based conclusion that cannot govern the referred issue after the Special Bench's negative answer.

2025 (7) TMI 1907 - ITAT DELHI likewise treated use of a non-prescribed format as fatal because the format was understood to define the nature and scope of scrutiny. The Special Bench rejected that reasoning to the extent it equates the Board-prescribed format with a statutory condition for assumption of jurisdiction.

Scope of limited scrutiny remains a separate jurisdictional restraint

Instruction on unauthorised expansion of limited scrutiny states that, in limited-scrutiny cases, the Assessing Officer cannot travel beyond the selected issues. It reiterates the purpose of preventing fishing and roving inquiries and records that expansion without recorded reasons and the stipulated approval was viewed seriously.

2023 (10) TMI 921 - CALCUTTA HIGH COURT upheld the conclusion that additions outside the limited-scrutiny mandate were beyond jurisdiction where the conversion safeguards had not been followed. The decision concerns the actual scope of assessment, not a defect in the notice template. It therefore remains consistent with the Special Bench distinction.

2023 (8) TMI 888 - CALCUTTA HIGH COURT similarly affirmed that inquiries beyond the specified limited-scrutiny issues could not begin before the requisite written approval for conversion to complete scrutiny. It reinforces that the statutory assessment process and binding procedural safeguards restrict substantive enlargement of an inquiry, even though mere omission of the scrutiny label in the initial notice is not itself fatal.

Practical Implications

  • A challenge based solely on non-mention of Limited Scrutiny, Complete Scrutiny or Compulsory Manual Scrutiny in a section 143(2) notice is insufficient where the statutory requirements are otherwise fulfilled and no actual prejudice is established.

  • Notice review should begin with statutory essentials: eligibility of the return for section 143(2), service within the three-month limitation, competence and authentication of the issuing authority, identification of the taxpayer and assessment year, and a requirement to attend or furnish evidence in support of the return.

  • Where a taxpayer asserts confusion or prejudice, the assessment record, subsequent notices, questionnaires, replies and order-sheet material become significant. The issue is necessarily fact-dependent.

  • A format objection must not be confused with a challenge based on absence of notice, delayed service, notice to an incorrect or non-existent person, lack of authority, or substantive excess beyond the permissible scope of limited scrutiny. Those defects raise different legal questions.

  • For limited-scrutiny matters, practitioners should preserve and examine the original selection reason, the issues specified for verification, correspondence initiating additional inquiries, recorded reasons, and approval material for conversion to complete scrutiny. The later section 142(1) notice may communicate specific information requirements, but it cannot legitimise an unauthorised expansion of a limited-scrutiny inquiry.

  • Departmental authorities remain bound by the 2017 format instruction under section 119. The ruling concerns the validity of the assessment proceeding; it does not treat non-observance of the instruction as immaterial for administrative accountability.

Key Takeaways

  • A section 143(2) notice is not invalid merely because it departs from the CBDT's 2017 revised format.

  • The statutory touchstone is substantive conformity with section 143(2), including timely service and a meaningful opportunity to support the return.

  • Section 292B protects defects of form where the notice remains in substance and effect consistent with the Act; Section 292BB addresses objections concerning service, timeliness of service and improper service.

  • CBDT instructions under section 119 bind departmental authorities, but not every administrative departure results in nullity of an otherwise valid statutory proceeding.

  • The restriction on expanding limited scrutiny without prescribed safeguards remains enforceable and must be assessed independently of the format of the initiating notice.

 


Full Text:

2026 (7) TMI 1968 - ITAT BENGALURU (LB) (SB)

Topics

Acts Income Tax