CIT v. Sun Beam Auto

227 CTR 113High Court#5226 most cited

What is CIT v. Sun Beam Auto authority for?

A revision order under section 263 is valid only if the original assessment order is erroneous and prejudicial to the revenue, and the distinction between a lack of inquiry and an inadequate inquiry is material to this determination.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Sun Beam Auto · section 263 · revisionary power · erroneous order · prejudicial to revenue · lack of inquiry · inadequate inquiry · assessment order · Commissioner of Income-tax · Assessing Officer

Issues it is cited on

Judgments citing CIT v. Sun Beam Auto

Mr. Anmol Govindram Sekhri, Bandra Arcade, Nandi Gully, Opp Bandra Railway St vs. Circle 16(2), Mumbai, Aayakar Bhawan

In the result, appeal of the assessee is allowed

ITA 1091/MUM/2025[2018-19]Status: DisposedITAT Mumbai02 Feb 2026AY 2018-19

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarmrs. Suneeta Sekhri V/S. Deputy Commissioner Of (Legal Heir Of Mr. Anmol बनाम Income Tax, Circle – 16(2), Govindram Sekhri), Aayakar Bhavan, Mumbai – Ground Floor, Bandra Arcade, 400020, Maharashtra Nandi Gully, Opp. Bandra Railway Station, Bandra(West), Mumbai – 400 050, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Alhps9957L Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Aditya Ajgaonkar & Ms. Rupal Shrimal, ARsFor Respondent: Shri Rajesh Kumar Yadav, (CIT-DR)
Section 144BSection 147Section 263Section 68

…cause the first requirement, viz., that the order is erroneous, is absent." (Emphasis supplied) 5.3 Apart from the above principles, we deem it appropriate to make reference to the decision of the hon’ble Delhi High Court in the case of CIT vs. Sun Beam Auto 227 CTR 113 wherein the Court has pointed out a distinction between lack of inquiry and inadequate inquiry. The following observations are worth noting: "12. We have considered the rival submissions of the counsel on the other side and have gone through the records. The first issue that arises for our consideration is about the exercise of power by the Commi…

Bharat Serums and Vaccines Limited, Mumbai vs. Deputy Commissioner of Income Tax - Circle 15(1)(2), Mumbai

In the result, grounds of appeal raised by the assessee are allowed

ITA 2780/MUM/2025[2020-2021]Status: DisposedITAT Mumbai18 Nov 2025AY 2020-2021

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarbharat Serums & V/S. Deputy Commissioner Of Vaccines Limited बनाम Income Tax, Circle – 15(1)(2), 3Rd Floor, Liberty Tower, Aayakar Bhavan, Mumbai – Airoli, Navi Mumbai – 400 020, Maharashtra 400708, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacb2431M Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Manoj Mundra,ARFor Respondent: Shri Leyaqat Ali Aafaqui (Sr.DR)
Section 142(1)Section 143(3)Section 263Section 37(1)Section 80GSection 80G(5)

…cause the first requirement, viz., that the order is erroneous, is absent." (Emphasis supplied) 7.3 Apart from the above principles, we deem it appropriate to make reference to the decision of the hon'ble Delhi High Court in the case of CIT vs. Sun Beam Auto 227 CTR 113 wherein the Court has pointed out a distinction between lack of inquiry and inadequate inquiry. The following observations are worth noting: "12. We have considered the rival submissions of the counsel on the other side and have gone through the records. The first issue that arises for our consideration is about the exercise of power by the Comm…

Township Real Estate Developers Private Limited, Mumbai vs. Principal Commissioner of Income Tax -6, Mumbai

In the result, grounds of appeal raised by the assessee are allowed

ITA 3303/MUM/2025[2020-21]Status: DisposedITAT Mumbai19 Sept 2025AY 2020-21

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankartownship Real Estate V/S. Principal Commissioner Of Developers Private Limited, बनाम Income Tax– 6, Room No. C-62, Vibgyor Tower, Bandra 501, 5Th Floor, Aaykar Kurla Complex, Bandra - East, Bhawan, Maharishi Karve Mumbai –400 051, Maharashtra Road, Mumbai–400020, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabct7356E Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Nishith Khatri, ARFor Respondent: Shri Ritesh Misra, (CIT-DR)
Section 135Section 143(3)Section 144BSection 263Section 80G

…cause the first requirement, viz., that the order is erroneous, is absent." (Emphasis supplied) 6.2 Apart from the above principles, we deem it appropriate to make reference to the decision of the Hon'ble Delhi High Court in the case of CIT vs. Sun Beam Auto 227 CTR 113 wherein the Hon'ble High Court has pointed out a distinction between lack of inquiry and inadequate inquiry. The following observations of the Hon'ble Delhi High Court are worth noting: "12. We have considered the rival submissions of the counsel on the other side and have gone through the records. The first issue that arises for our considerati…

Diamond Beverages Pvt. Ltd., Kolkata vs. PCIT-2, Kolkata

In the result, appeal of the assessee is allowed

ITA 208/KOL/2022[2017-18]Status: DisposedITAT Kolkata06 Jul 2022AY 2017-18

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 208/Kol/2022 Assessment Year: 2017-18 Diamond Beverages Private Limited Pr. Cit, Kolkata - 2 P-41, Taratala Road Vs Taratala Kolkata – 700 088 Pan : Aabcd3346C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : S. Agarwal, Aca Revenue By : Md. Ghayas Uddin, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 06/07/2022 आदेश/O R D E R Per Shri Rajpal Yadav:

For Appellant: S. Agarwal, ACAFor Respondent: Md. Ghayas Uddin, CIT, D/R
Section 143Section 143(2)Section 263Section 263(1)Section 37Section 80G

…simply because in his order he does not make an elaborate discussion in that regard. 13. Apart from the above principles, we deem it appropriate to make reference to the decision of the Hon'ble Delhi High Court in the case of CIT vs. Sun Beam Auto reported in 227 CTR 113 and Gee Vee Enterprises Ltd vs. Addl. Commissioner of Income Tax (99 ITR 375). In the case of Sun Beam Auto, the Hon'ble High Court has I.T.A. No. 208/Kol/2022 Assessment Year: 2017-18 Diamond Beverages Private Limited 15 pointed out a distinction between lack of inquiry and inadequate inquiry. If there is a lack of enquiry, then the assessment o…

CIT v. Sun Beam Auto (227 CTR 113) — Cited in 22 Judgments | BharatTax