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 395 "Certificates." between the Income-Tax Act, 2025 (as passed) and the Incom...
    Act Rules Income Tax
    Comparison of section 394 "Collection of tax at source." between the Income-Tax Act, 2025 (as passed...
    Act Rules Income Tax
    Comparison of section 393 "Tax to be deducted at source." between the Income-Tax Act, 2025 (as passe...
    Act Rules Income Tax
    Comparison of section 392 "Salary and accumulated balance due to an employee." between the Income-Ta...
    Act Rules Income Tax
    Comparison of section 390 "Deduction or collection at source and advance payment." between the Incom...
    Act Rules Income Tax
    Comparison of section 384 "Procedure on receipt of application." between the Income-Tax Act, 2025 (a...
    Act Rules Income Tax
    Comparison of section 383 "Application for advance ruling." between the Income-Tax Act, 2025 (as pas...
    Act Rules Income Tax
    Comparison of section 377 "Revision of orders prejudicial to revenue." between the Income-Tax Act, 2...
    Act Rules Income Tax
    Comparison of section 376 "Procedure where an identical question of law is pending before High Court...
    Act Rules Income Tax
    Comparison of section 375 "Procedure when assessee claims identical question of law is pending befor...
    Act Rules Income Tax
    Comparison of section 356 "Appealable orders before Joint Commissioner (Appeals)." between the Incom...
    Act Rules Income Tax
    Comparison of section 355 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act Rules Income Tax
    Comparison of section 354 "Application for approval for purpose of section 133(1)(b)(ii)." between t...
    Act Rules Income Tax
    Comparison of section 353 "Other violations." between the Income-Tax Act, 2025 (as passed) and the I...
    Act Rules Income Tax
    Comparison of section 352 "Tax on accreted income." between the Income-Tax Act, 2025 (as passed) and...
    Act Rules Income Tax
    Comparison of section 351 "Specified violation." between the Income-Tax Act, 2025 (as passed) and th...
    Act Rules Income Tax
    Comparison of section 349 "Return of income." between the Income-Tax Act, 2025 (as passed) and the I...
    Act Rules Income Tax
    Comparison of section 345 "Restriction on commercial activities by a registered non-profit organisat...
    Act Rules Income Tax
    Comparison of section 343 "Deemed accumulated income." between the Income-Tax Act, 2025 (as passed) ...
    Act Rules Income Tax
    Comparison of section 341 "Application of income." between the Income-Tax Act, 2025 (as passed) and ...
❮
❯
❯❯
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
Certificates for lower tax withholding enable AO-issued rates or nil deduction and proportionate nonresident withholding relief.
Clause creates an AO-issued certificate system permitting payees, buyers/licensees/lessees and payers to obtain prescribed-form certificates altering the rate (or, under the Act, rate or nil deduction) at which tax is deducted or collected; for non-salary payments to non-residents the payer may seek a proportionate determination of the taxable part; deductors/collectors must issue prescribed documentary certificates to deductees/collectees and the AO may cancel certificates after affording a reasonable opportunity, with detailed forms, validity and procedures left to rules.
Act Rules Income Tax
Show AI Summary
Collection of tax at source: TCS on specified receipts with exemptions, non cumulation and documentation duties.
Clause 394 prescribes TCS on nine specified receipt types with collectors (sellers, authorised dealers, licensors/lessors) required to collect at prescribed rates at the earlier of debiting the buyer's account or receipt. Indian resident buyers may avoid collection by furnishing a prescribed declaration of end use; the enacted law imposes a delivery timeline for that declaration and adds an exemption for certain education loan funded remittances. The provision includes non cumulation rules to prevent duplicate collection and leaves procedural specifics to subordinate rules.
Act Rules Income Tax
Show AI Summary
Tax withholding obligations expanded to cover e-commerce and virtual asset transfers, with precedence rules to prevent multiple deductions.
Section 393 prescribes a comprehensive TDS matrix covering payments to residents, non-residents and any person, listing payment categories, the person liable to deduct, rates or rates-in-force and monetary thresholds. Deduction is required at credit or payment, whichever is earlier, with specific precedence rules (notably for e-commerce) to prevent multiple deductions. The section contains carve-outs and nil-deduction declaration mechanisms subject to conditions and reporting; operational guidance emphasises mapping payments to entries, retaining declarations and ensuring tax on mixed cash and in-kind transactions before release.
Act Rules Income Tax
Show AI Summary
Deduction of tax at source on salaries: payer obligation to withhold at average rate and trustees to withhold on accumulations.
Section 392 places primary TDS obligation on payers of salary to deduct tax at the time of payment at the average rate on estimated annual income; employers may opt to pay tax on non monetary perquisites. Trustees of recognised provident and superannuation funds must deduct tax where Schedule XI applies, with a specified 10% withholding rule for certain employees' provident fund accumulations. The enacted text tightens prescribed form and verification requirements, alters a cross reference to section 17, and expressly permits eligible start ups to "deduct or pay, as the case may be."
Act Rules Income Tax
Show AI Summary
Withholding tax and advance payments operate independently of assessment, securing provisional tax credits and rule making authority.
Deduction or collection at source, advance payment, and specified payments under section 392(2)(a) operate independently of later assessment and are additional to other recovery measures; amounts remitted to the Central Government are treated as tax paid on behalf of the person from whose income tax was deducted, from whom tax was collected, or in respect of whose income tax was paid, and the Board may make rules for crediting such amounts and for attributing the tax year for credit.
Act Rules Income Tax
Show AI Summary
Procedure on receipt of application: Board must forward application, call records, hear applicant, and issue certified rulings promptly.
Clause 384 requires the Board for Advance Rulings to forward an application to the Principal Commissioner/Commissioner, call for relevant records, and, after examining the application and records, either allow or reject the application by order. Mandatory rejection grounds include pending proceedings before tax authorities or tribunal, questions on fair market value, and transactions prima facie for tax avoidance, subject to exceptions. Rejection cannot occur without offering an opportunity to be heard and recording reasons; allowed applications must receive a written ruling within the prescribed timeframe and certified copies are to be transmitted to the applicant and assessing officer.
Act Rules Income Tax
Show AI Summary
Advance ruling application procedure: removal of copy requirement and fee benchmark increases administrative flexibility for applicants.
Applications for an advance ruling must be made in the form and manner, and accompanied by the fee, as prescribed, with an applicant permitted to withdraw the application within thirty days; the provision delegates prescription of form, manner and fee to subordinate rules, and the enacted text removes a quadruplicate filing requirement and a fixed monetary benchmark previously stated in the Bill, thereby increasing administrative flexibility while placing compliance dependence on subsequent rules.
Act Rules Income Tax
Show AI Summary
Revision of orders prejudicial to revenue empowers Competent Authority to revisit AO/TPO orders and direct fresh assessments.
The Competent Authority may call for and examine records of any proceeding and, if satisfied an AO or Transfer Pricing Officer's order is erroneous and prejudicial to revenue, may revise that order after giving the assessee an opportunity of being heard and making such inquiry as necessary; revision can enhance, modify, cancel or direct a fresh assessment, extends to AO/TPO functions and matters not decided in appeal, and is subject to a two-year limitation with specified exclusions and an exception to give effect to appellate findings.
Act Rules Income Tax
Show AI Summary
Identical question procedure: deferral and preservation of departmental appeals pending a controlling higher court decision.
The provision creates an administrative mechanism where a Board specified collegium may determine that an identical question of law is pending in another case before a High Court or the Supreme Court and, on that basis, direct restraint from immediate departmental appeal while requiring a prescribed application to preserve the right to appeal later; if the assessee accepts identity the Assessing Officer files the application, otherwise the department proceeds with ordinary appeals, and subsequent appeals may be filed if the higher court decision does not sustain the earlier favourable order.
Act Rules Income Tax
Show AI Summary
Identity of question of law enables taxpayer to seek application of pending higher-court decision and waive further appeals.
Section 375 provides an overriding procedure by which an assessee may declare that a question of law in a relevant tax-year is identical to a question pending in another case before specified higher fora; upon a prescribed declaration and, where applicable, a report and hearing involving the Assessing Officer, the assessing or appellate authority may admit or reject the claim by final written order and, if admitted, may dispose of the relevant case and later apply the final decision in the other case by amending earlier orders in conformity.
Act Rules Income Tax
Show AI Summary
Appealability to Joint Commissioner (Appeals) expanded to include deductors and collectors, broadening standing to challenge subordinate tax orders.
Appealability to the Joint Commissioner (Appeals) covers specified subordinate Assessing Officer orders-intimations involving adjustments, assessment, reassessment, recomputation, specified assessment orders, penalties, and amendments thereto-with appeals barred if the impugned order was passed by or with prior approval of an authority above Deputy Commissioner. The enacted text expands standing to include deductors and collectors alongside assessees, clarifies objection language regarding adjustments, provides transfer powers between appellate authorities with a rehearing right on transfer, and permits Central Government schemes and Board exemptions to alter procedural or jurisdictional application.
Act Rules Income Tax
Show AI Summary
Related-person tests broadened to include relatives' concerns and donor-threshold triggers, expanding scrutiny over non-profit transactions.
Section 355 defines terms governing registered non-profit organisations and related actors, including anonymous donation, approval, donation, commercial activity, registration, registered non-profit organisation, related person, relative, residual income, specified asset, specified person, specified provision, substantial interest and value. The definitions establish donor-based related-person thresholds, treat fee-for-service activities as commercial activity irrespective of income application, set a twenty-percent threshold for substantial interest in companies and concerns, and attribute specified assets based on acquisition source and timing, with certain carve-outs and cross-references to other Act provisions.
Act Rules Income Tax
Show AI Summary
Approval for donor deduction requires statutory compliance with eligibility conditions, reporting and timelines, affecting charitable organisations' donor benefits.
Approval for donations under section 133(1)(b)(ii) requires application by a registered non-profit or specified person and satisfaction of seven conditions concerning charitable purpose, non-discrimination, limits on religious-nature expenditure, asset-use restrictions, regular accounts, prescribed statements and donor certificates. The Principal Commissioner or Commissioner has inquiry powers and fixed decision timelines; approvals have defined validity periods. Key operational elements-definitions, calculation rules for religious expenditure, prescribed forms and Schedule contents-are left to subordinate prescription and are not specified in the text.
Act Rules Income Tax
Show AI Summary
Taxation of non-profit compliance failures: converts regular income into taxable income and restricts deductible expenditure.
Section 353 converts a registered non-profit's regular income for a tax year into taxable regular income where the organisation fails book-keeping, audit or return obligations or carries on prohibited commercial activity, permitting reduction only by narrowly specified expenditure incurred in India and subject to exclusions (not from corpus, not from borrowings, no capital expenditure, depreciation and payment restrictions), while additionally subjecting specified and residual incomes not included under that conversion to tax and displacing special-treatment provisions.
Act Rules Income Tax
Show AI Summary
Tax on accreted income: exit charge on nonprofit net assets measured by fair market valuation after triggering events.
Special additional tax levies a one time charge on accreted income of specified persons (principally registered non profits) upon enumerated triggering events, measured as aggregate fair market value of total assets less total liabilities on a specified date, computed in accordance with prescribed valuation methods. Liability extends to the specified person and principal officer or trustee, and transferees may be assessee in default in limited dissolution cases. The earlier bill expressly empowered the Assessing Officer to compute accreted income after a hearing; the enacted text omits that express AO computation/hearing provision, and procedural timing and valuation rules await delegated legislation.
Act Rules Income Tax
Show AI Summary
Cancellation of registration for non-profit organisations follows specified violations including misuse of income and impermissible commercial activity.
Section 351 enumerates specified violations by registered non-profit organisations that may trigger cancellation of registration: misuse of income, impermissible commercial activity, private religious applications lacking public benefit, non-genuine activities or non-compliance with registration conditions, final/undisputed external orders under other laws, and false information in the registration application. The Principal Commissioner/Commissioner may call for documents, hold inquiries, provide a hearing, and issue a written order canceling or not canceling registration, to be communicated to the Assessing Officer and organisation within a six-month timeline from the quarter-end of the first notice.
Act Rules Income Tax
Show AI Summary
Return filing obligation for registered non-profit organisations triggered when pre Part income exceeds non taxable threshold; timing cross-reference amended.
A registered non-profit organisation must furnish a return of income for a tax year if its total income, computed without giving effect to the provisions of this Part, exceeds the maximum amount not chargeable to income-tax; the clause cross-references the general return-filing provisions for timing and procedure, and the enacted text modifies which procedural sub-clause governs the filing deadline.
Act Rules Income Tax
Show AI Summary
Restriction on commercial activities requires incidental nexus and segregated accounting for registered non-profits under statutory provision.
Section 345 prohibits a registered non-profit organisation from carrying out commercial activity unless (a) the activity is incidental to the attainment of the organisation's objectives and (b) separate books of account are maintained for such activities; the Bill originally contained an in-text descriptive exception for organisations advancing objects of general public utility, while the enacted provision replaces that exception with a cross-reference to a statutory category in section 346.
Act Rules Income Tax
Show AI Summary
Deemed accumulated income rule limits investment obligation and ties permitted modes to actual investment, changing compliance exposure.
The provision designates a deemed accumulated income amount calculated as a proportion of regular income after reductions for application of income and amounts accumulated or set apart; that deemed amount is excluded from the accumulated-income regime and, if invested or deposited, must be placed in modes permitted by the applicable investment provision. The enacted text clarifies the reduction base by expressly referencing the application-of-income mechanism and conditions the statutory constraint on investment modes upon an actual investment or deposit.
Act Rules Income Tax
Show AI Summary
Application of income: qualifying paid sums and an 85% recognition rule for donations, with corpus treated as nil.
Clause 341 limits qualifying application of income to sums actually paid during the tax year that are allowable under sections 35(b)(i) and 36(4)-(7), recognises 85% of donations to other registered non-profits as application while treating corpus donations to other registered non-profits as nil, and permits reinvestment of corpus and repayment of borrowings as application only subject to five-year, post-31 March 2021 and compliance conditions, excluding depreciation already claimed and set-off of earlier excess application.

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