CIT v. Escorts Ltd.

338 ITR 435High Court2011#1933 most cited

What is CIT v. Escorts Ltd. authority for?

An order cannot be revised under Section 263 if the Assessing Officer took a plausible view, conducted an inquiry, or consistently allowed similar claims in earlier assessment years, as such an order is not erroneous and prejudicial to the interests of the revenue. Revisionary powers cannot be invoked merely because the Commissioner has a different opinion on a plausible view taken by the Assessing Officer.

60

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Escorts Ltd. · 338 ITR 435 · Section 263 · revisionary power · erroneous and prejudicial to revenue · plausible view · lack of enquiry · inadequate enquiry · earlier assessment years · Section 143(3) assessment

Issues it is cited on

Judgments citing CIT v. Escorts Ltd.

UNITED INDIA INSURANCE CO LIMITED,CHENNAI vs. PCIT-3, CHENNAI

In the result, the appeals for AY 2014-15, 2016-17 & 2017-18 are partly allowed and appeals for AY 2015-16 & 2017-18 (in ITA No

ITA 182/CHNY/2021[2015-16]Status: DisposedITAT Chennai05 Jan 2026AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1759/Chny/2019, 182 & 183/Chny/2021, 430/Chny/2022 & 683/Chny/2023 िनधा"रण वष"/Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18 United India Insurance Co. Ltd., Vs. The Principal Commissioner Of O/O The Chief Manager, Cfac Income Tax – 3, Department, Head Office, United India Chennai 600 034. Nalanda, Door No. 19, Ground Floor, 4Th Lane, Utamar Gandhi Salai, Chennai 600 034. [Pan:Aaacu5552C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sundararaman, Ca ""थ" की ओर से/Respondent By : Ms. V. Pushpa, Sr. Standing Counsel (Virtual) सुनवाई की तारीख/ Date Of Hearing : 07.10.2025 घोषणा की तारीख /Date Of Pronouncement : 05.01.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: The Appeal In Ita No. 1759/Chny/2019 Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Passed By The Ld. Principal Commissioner Of Income Tax-3, Chennai For The Assessment Year 2014- 15. The Appeals In Ita No. 182 & 183/Chny/2021 Are Filed By The Assessee Against Different Orders Both Dated 28.03.2021 Passed By The Ld. Pcit-3, Chennai For The Assessment 2015-16 & 2016-17. The 2

For Appellant: Shri S. Sundararaman, CAFor Respondent: Ms. V. Pushpa, Sr. Standing Counsel
Section 10(38)Section 143(3)Section 263Section 44

…3. The ld. AR further relied on the decision of the Hon’ble High Court of Bombay in the case of Kohinoor Foods reported in 14 ITR 249 placed at pages 60 to 70 of paper book and the decision of the Hon’ble High Court of Delhi in the case of Escorts reported in 338 ITR 435 placed at pages 71 to 84 of paper book for the proposition that if similar claims have been allowed in the earlier assessment years, revisionary proceedings cannot be initiated. 14. The ld. AR vehemently argued against Revenue’s point that there is bifurcation of income from a single source is not correct. He submits that the bifurcation of a si…

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