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
    News Bill
    Review of exemptions prescribed by other notifications.
    News Bill
    SOCIAL WELFARE SURCHARGE (SWS)
    News Bill
    AGRICULTURE INFRASTRUCTURE AND DEVELOPMENT CESS (AIDC)
    News Bill
    AMENDMENT TO SEVENTH SCHEDULE TO THE FINANCE ACT, 2001
    News Bill
    EXEMPTION FROM CENTRAL EXCISE DUTY ON VALUE OF BIOGAS/COMPRESSED BIOGAS (CBG) CONTAINED IN BLENDED C...
    News Bill
    DEFERMENT OF DATE OF IMPLEMENTATION OF HIGHER EXCISE DUTY ON SALE OF UNBLENDED DIESEL
    News Bill
    AMENDMENTS IN THE CGST ACT, 2017
    News Bill
    AMENDMENTS IN THE IGST ACT, 2017
    Intermediary Services Under Section 2(13) of the IGST Act and Export of Services Under Section 2(6):...
    Distinction Between Setting Aside an Illegal Bail Order and Cancellation of Bail: Revisional Scrutin...
    Case Laws Income Tax
    Section 153C (Finance Act, 2015) and Third-Party Search Assessments: Interplay of Belongs To and Per...
    Case Laws Income Tax
    Effect of Section 92CA(1) Reference on Assessment Limitation: Application of Section 153(4) in Trans...
    Case Laws Income Tax
    Digital Material Recovered in Search under Section 132 and Its Nexus with the Non-Searched Person: C...
    Refund Disputes Linked to Rule 96(10) and Rule 89(4B): Consequences of Omission of Rules Without Exp...
    Service Mechanisms (for Notices and SCN) in GST: Deemed Service, Portal Availability, and Statutory ...
    Case Laws Customs
    Due Compliance with Section 138C(4) of the Customs Act, 1962 for Admissibility of Electronic Records...
    Case Laws Customs
    Sequential Application of the General Rules for Interpretation in Customs Tariff Classification unde...
    Section 74 CGST Proceedings and the Impermissibility of Clubbing Multiple Financial Years in a Singl...
    Composite Show Cause Notices Under Section 74 of the CGST Act, 2017 and the Requirement of Tax-Perio...
    Case Laws Customs
    Reverse Burden, Ownership Attribution, and Proof in Gold Seizure Cases: Reaffirming Procedural Safeg...
❯❯
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
News Bill
Show AI Summary
Budget changes extend BCD exemptions for listed goods to March 31, 2028 and omit redundant notification entries.
Extension of certain BCD exemptions to 31.03.2028 is prescribed for specified notifications covering precious stones on approval/return basis, goods imported for execution of export orders for jobbing, copper products from reverts, and gold/silver from copper anode slime exported for toll smelting. One standalone exemption for castor oil cake manufactured in SEZs and brought to DTA lapses on 31.03.2026, and a notification exempting works of art and antiques for public exhibition is given a sunset date of 31.03.2028. Selected exemption entries in notification No. 36/2024-Customs are omitted effective 02.02.2026 as redundant, with BCD rates to operate via the First Schedule of the Customs Tariff Act, 1975.
News Bill
Show AI Summary
Social Welfare Surcharge changes extend specific customs exemptions, add SWS on personal-use imports, and exempt electronic toys.
Amendments to notification No. 11/2018-Customs consolidate and preserve SWS exemptions for specified graphite, quartz, silicon dioxide and related items; reassign concessional BCD for sub heading 2106 90 to the First Schedule while retaining SWS incidence; modify the spent catalyst/ash exemption description to remove a lapsed cross reference without altering exemption; impose SWS on all dutiable personal use imports under heading 9804; and exempt parts and goods under heading 9503 (electronic toys) from SWS.
News Bill
Show AI Summary
New aircraft rubber pneumatic tyres continue to attract 0.5% agriculture infrastructure and development cess from 02.02.2026.
New pneumatic tyres of rubber used on aircraft under tariff item 4011 30 00 will continue to attract a 0.5% Agriculture Infrastructure and Development Cess. The notification entry is amended to omit reference to a removed exemption entry with effect from 02.02.2026, without changing the 0.5% AIDC rate for these goods (other than those with nil basic customs duty).
News Bill
Show AI Summary
Chewing and related tobacco NCCD schedule rates raised to 60% from May 1, 2026, while effective rate stays 25%.
Seventh Schedule to the Finance Act, 2001 is amended to raise NCCD rates from 25% to 60% for HS 2403 99 10 (chewing tobacco), HS 2403 99 30 (jarda scented tobacco) and HS 2403 99 90 (other tobacco products including gutkha) effective 01.05.2026, while a notification will maintain the applied effective rate at 25%.
News Bill
Show AI Summary
Biogas/CBG in blended CNG: value and related taxes excluded from transaction value for central excise from 02.02.2026.
The value of Biogas/Compressed Biogas (CBG) contained in blended CNG, and the central, state, union territory or integrated taxes paid on that Biogas/CBG, are excluded from the transaction value for computing central excise duty on blended CNG; the exclusion is effected by amending the existing notification framework and takes effect from 02.02.2026, with the prior GST-only relief rescinded.
News Bill
Show AI Summary
Unblended diesel additional excise duty implementation deferred until 31.03.2028 by amendment to existing notification effective immediately.
The additional excise duty of Rs.2 per litre on unblended diesel is deferred until 31.03.2028 by amendment of Notification No. 11/2017 Central Excise through Notification No. 02/2026 Central Excise (01.02.2026), thereby postponing the levy of the higher duty on unblended diesel.
News Bill
Show AI Summary
Goods and Services Tax: amendments remove discount-agreement link, expand refund scope, and allow interim appellate authorities.
Amendments remove the requirement that a post-sale discount be linked to an agreement and prescribe issuance of a credit note under section 34 when input tax credit is reversed; section 34 is amended to reference section 15. Section 54 is amended to extend provisional refunds to inverted duty structure claims and to remove the sanction threshold for refunds on exported goods with tax paid. Section 101A gains sub-section (1A) allowing the Central Government to notify an existing authority or tribunal to hear appeals under section 101B pending the National Appellate Authority, with sub-sections (2)-(13) not applying where such empowerment occurs, effective 01.04.2026.
News Bill
Show AI Summary
Place of supply for intermediary services will follow the IGST Act default provision after omission of the specific clause.
The amendment omits clause (b) of sub section (8) of section 13 of the Integrated Goods and Services Tax Act, 2017 so that the place of supply for intermediary services will be determined by the default provision in section 13(2) of the IGST Act, aligning intermediary services with the Act's general place of supply framework.
Case Laws GST
Show AI Summary
Education consultancy commissions treated as exportable services, not intermediary services, where foreign institution is the contracting recipient.
The Court held that the intermediary test focuses on whether a person merely "arranges or facilitates" a supply, excluding those who supply on their own account; where agreements and consideration establish a principal-to-principal supply to foreign educational institutions, the services qualify as export of services and not intermediary services, making place of supply the recipient's location and supporting refund entitlement.
Case Laws GST
Show AI Summary
GST arrests: Court set aside bail premised on format defects where substantive compliance and no demonstrable prejudice existed.
The High Court held that a challenge to the legal sustainability of a bail order is distinct from cancellation for supervening conduct and, on the facts, found substantive compliance with CGST arrest safeguards (including authorisation recording reasons to believe and supply of arrest memo and grounds) and BNSS Sections 47-48 when assessed through a prejudice oriented test; absence of statutory headings or non enclosure of detailed grounds with the relative did not, without demonstrable prejudice, justify the magistrate's bail order, which was set aside and the bail bonds cancelled with liberty to apply afresh.
Case Laws Income Tax
Show AI Summary
Section 153C: amended trigger applies if seized material is received post amendment, widening third party assessment scope.
The substituted text widens the jurisdictional trigger for third party assessments from strict ownership to where books or documents "pertain to" or contain information that "relates to" the other person; the first proviso's deeming fiction makes the date of receipt of seized material by the other person's Assessing Officer the operative reference point, so if receipt, satisfaction and issuance of notice occur after the amendment, the amended provision governs, subject to the requirement of recorded satisfaction that the material bears on determination of total income.
Case Laws Income Tax
Show AI Summary
Transfer pricing assessments: outer statutory limitation governs final orders; DRP deadlines do not enlarge the overall limitation.
The tribunal permitted admission of additional legal grounds based on facts on record and held that the outer statutory limitation governs final assessments in eligible-assessee transfer pricing cases. The dispute-resolution procedural deadline requires prompt action after directions but does not enlarge the overall limitation; statutory extension available for transfer pricing references is to be applied to the outer limit, and external judicial limitation extensions do not extend the time for completing original assessments.
Case Laws Income Tax
Show AI Summary
Digital material recovered in a third party search cannot alone justify invoking Section 153C without a direct nexus to the non searched person.
Section 153C jurisdiction requires seized or requisitioned books of account or documents from a search that relate to or pertain to a non searched person; digital images recovered in a third party search that did not name or connect the petitioners could not sustain Section 153C. The Assessing Officer's reliance on post search forms, voluntary supply of documents, public domain inquiries, and an inferential consideration mismatch rendered the recorded satisfaction de hors the statutory trigger, allowing writ relief for jurisdictional defect.
Case Laws GST
Show AI Summary
GST refund and recovery proceedings founded solely on omitted rules lapse absent express saving clause.
Omission of Rule 89(4B) and Rule 96(10) without an express saving clause causes pending proceedings and non-final orders founded solely on those rules to lapse, except for transactions past and closed. The General Clauses Act's preservation principle does not apply to omissions effected by subordinate rules/notification, and transitional or laying provisions of the parent statute do not operate as omnibus saving clauses. Consequently, undisposed show cause notices and orders dependent only on the omitted rules were quashed and affected refund applications were remitted for reconsideration after hearing within a stipulated period.
Case Laws GST
Show AI Summary
GST electronic service by portal or email may not trigger appeal limitation absent verifiable communication or retrieval evidence.
Whether portal upload or e-mail intimation automatically triggers the limitation period under Section 107 depends on whether such electronic modes fall within the statutory deeming fictions of Section 169(2) or Section 169(3). Although Section 169(1)(c)-(d) and Rule 142 permit electronic service, the express deeming consequences are confined to specified modes; absent acknowledgement or verifiable retrieval logs, IT Act presumptions of dispatch/receipt do not alone establish communication for appeal limitation.
Case Laws Customs
Show AI Summary
Electronic evidence admissibility in customs proceedings: contemporaneous extraction records and Section 108 statements can satisfy the certificate requirement.
The Court held that contemporaneous extraction/printing records, device particulars, and un-retracted Section 108 statements acknowledging computer printouts can constitute substantive due compliance with Section 138C(4) of the Customs Act, 1962; a certificate not in prescribed format will not automatically invalidate admissibility where authenticity is not disputed, while other statutory evidentiary issues (including Section 138B) remain open for adjudication.
Case Laws Customs
Show AI Summary
Aluminium shelving classed by import condition: use allowed only if statutorily permitted; supports aren't parts at import.
Classification requires sequentially applying GRI 1 with relevant Section and Chapter Notes; aligned HSN Explanatory Notes guide interpretation. Use is relevant only where permitted and must reflect intended use objectively evident at importation per the as imported principle. A "part" must have an essential functional nexus to machine operation; mere supporting platforms or shelves that do not contribute mechanically to operation are not parts and may instead fall under material-based structure headings.
Case Laws GST
Show AI Summary
Composite GST show cause notices spanning multiple financial years misalign tax-period limitation and may be quashed.
Issuance of a single consolidated show cause notice covering distinct financial years was held impermissible because GST liability is tethered to tax-period returns and limitation timelines; consolidation misaligns period-specific adjudication clocks, constitutes a jurisdictional defect, and warrants quashing with liberty to re-issue notices in strict conformity with the period-wise statutory scheme.
Case Laws GST
Show AI Summary
Composite GST show cause notices aggregating multiple financial years lack scope; demands must be period-specific and limitation-linked.
The GST demand-and-recovery framework is period-based: tax liability and limitation are tied to returns for each tax period or financial year, and limitation is computed from the annual return due date or an erroneous return for that year. Consolidating multiple financial years into one consolidated show cause notice is outside the statutory design and constitutes a jurisdictional defect; administrative advisories cannot override the period-specific statutory scheme. Authorities may, if no other impediment exists, initiate proceedings framed strictly period-wise under the applicable demand provisions.
Case Laws Customs
Show AI Summary
Gold/jewellery cases require mandatory section 138B admissibility for investigation statements before proving ownership or smuggling links.
Section 138B creates a mandatory admissibility regime for section 108 investigation statements: unless clause (a) applies, the maker must be examined before the adjudicating authority and an admissibility opinion recorded before using those statements to prove truth. Ownership cannot be fixed on an appellant where such statements are excluded, and confiscation/penalty theories for jewellery must follow the correct statutory route-section 111 for imported goods and section 120 when alleging goods are made from smuggled inputs. Documentary explanations require verification before rejection.

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