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“erroneous and prejudicial”

Rectification & RevisionSection 263Section 2633,136 judgments

The decision most relied on for erroneous and prejudicial is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 judgments on BharatTax.

Leading authorities on erroneous and prejudicial

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Max India Ltd.
295 ITR 282 · 2007 · Supreme Court
1,162
citing judgments

Under Section 263, an assessment order is not erroneous and prejudicial to the interest of the revenue merely because the Principal Commissioner disagrees with the Assessing Officer's (AO) view, particularly if the AO has adopted one of two permissible views in law, unless that view is completely unsustainable. If due inquiries were made, the AO's order does not become erroneous solely because the fact of inquiries was not recorded.

CIT v. Gabriel India Ltd.
203 ITR 108 · 1993 · High Court
990
citing judgments

The Commissioner cannot revise an assessment order under Section 263 merely because they hold a different opinion or believe a deeper inquiry was warranted if the Assessing Officer has applied their mind and conducted some inquiry. Revision under Section 263 is permissible only in cases of a complete lack of inquiry or non-application of mind by the Assessing Officer, not for merely inadequate inquiry.

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

Rampyari Devi Saraogi v. CIT
67 ITR 84 · 1968 · Supreme Court
616
citing judgments

An assessment order is erroneous and prejudicial to the Revenue's interests if the Assessing Officer accepts a sum offered as income by an assessee, even when that sum was not actually earned, thereby allowing revision under Section 263.

Gee Vee Enterprises v. Addl. CIT
99 ITR 375 · 1975 · High Court
543
citing judgments

An assessment order is erroneous and prejudicial to the interest of revenue if the Assessing Officer fails to make proper inquiries before accepting the assessee's statements or claims. The Commissioner can revise such an order under Section 263 without conducting further inquiries himself.

ITO v. D.G. Housing Projects Ltd.
343 ITR 329 · 2012 · High Court
438
citing judgments

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

CIT v. Vikas Polymers
341 ITR 537 · 2012 · High Court
318
citing judgments

An assessment order is not erroneous and prejudicial under Section 263 merely because the Assessing Officer did not record an enquiry and its satisfactory answer in the assessment order, provided such an enquiry was conducted. For revision under Section 263, the Commissioner must also provide the assessee an opportunity of being heard and examine their explanation.

Judgments citing erroneous and prejudicial

Gsp Crop Science Pvt. Ltd., Ahmedabad vs. The Pr. CIT, Ahmedabad-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 396/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad09 Feb 2024AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year : 2018-19 Gsp Crop Science Pvt.Ltd. The Principal Cit, 404, Lalita Complex Vs Ahmedabad-1 Rasal Road, Navrangpura, Ahmedabad City Ahmedabad – 380 009, Gujarat Pan: Aaacg 7984 Q अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Shri M.K. Patel, Ar Revenue By : Shri Shri Akhilendra Pratap Yadaw, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 07/02/2024 घोषणा क" तार"ख /Date Of Pronouncement: 09/02/2024 आदेश/O R D E R Per Ms.Suchitra Kamblethis Appeal Is Filed By The Assessee Against The Order Dated 28/03/2023 Passed By The Commissioner Of Income-Tax, Ahmedabad-1. [“Cit(A)” In Short] For Assessment Year 2018-19. 2. Grounds Of Appeal Are As Under: “(1) That On Facts & In Law, The Learned Pcit Has Grievously Erred In Exercising Jurisdiction U/S 263 Of The Act. (2) That On Facts & In Law, The Learned Pcit Has Grievously Erred In Holding That Rs.9,98,678/- Is Required To Be Disallowed U/S 14A Of The Act. Gsp Crop Science Pvt.Ltd. Vs. The Pr.Cit Asst.Year: 2018-19

For Appellant: Shri Shri M.K. Patel, ARFor Respondent: Shri Shri Akhilendra Pratap Yadaw
Section 143(3)Section 14ASection 263Section 35Section 80J

section, but in the present assessment year, the assessee has not claimed on that deduction and, hence, this will not be termed as erroneous or prejudicial to the interests of Revenue as envisaged in the section 26 of the Act. 5.2. As regards of loss of assets due to fire ... order has taken cognizance of all the aspects and there is no case made out by the Revenue that the assessment order is erroneous and prejudicial to the interests of Revenue. 8. In the result, the appeal of the assessee is allowed. Order pronounced in the Court on 9th February

ITO, Ward-5(1), Kolkata vs. M/S Express Tradelink Pvt. Ltd, Kolkata

ITA 43/KOL/2021[2009-10]Status: DisposedITAT Kolkata08 Feb 2024AY 2009-10

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 43/Kol/2021 Assessment Year: 2009-10 Income Tax Officer, Ward -5(1), M/S. Express Tradelink Pvt. Ltd. Kolkata Vs 64, Bentinck Street 3Rd Floor Kolkata - 700001 [Pan: Aacce0887C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate & Shri Asim Panda, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 28/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 08/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), Kolkata – 7, (Hereinafter The “Ld. Cit(A)”) Dt. 23/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2009-10. 2. The Registry Has Pointed Out That There Is A Delay Of 36 Days In Filing The Present Appeal By The Revenue. Petition For Condonation Of Delay Is Placed On Record Explaining The Reasons. On Perusing The Same, We Are Convinced That The Revenue Was Prevented By Sufficient Cause From Filing This Appeal In Time. Accordingly, We Condone The Delay & Proceed To Admit The Appeal For Hearing. 3. The Revenue Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Somnath Ghosh, Advocate and ShriFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 250Section 68

invoking jurisdiction u/s 263 of the Act and vide order dt. 21/03/2014, set aside the order u/s 148 of the Act as being erroneous and prejudicial to the interest of the revenue and gave directions to conduct proper enquiry and verification and thereafter pass a speaking order. Subsequently, the Assessing

Jabil Circuit India P. Ltd., Mumbai vs. Pr. CIT -3, Mumbai

ITA 349/MUM/2021[2013-14]Status: DisposedITAT Mumbai08 Feb 2024AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.349/Mum/2021 (निर्धारण वर्ष / Assessment Year: 2013-14) Jabil Circuit India Pvt. Ltd. Arena House, 3Rd Floor, Plot No. 103 Road No. 12, Opp Tulip Telecom Marol Midc, Andheri (E), Mumbai-400093. बनाम / Vs. Pcit-03, Mumbai Room No. 612, 6Th Floor, Aayakar Bhavan, Maharishi Karve Road, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp7114K (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) Assessee By: Revenue By: Shri Nitesh Joshi Shri Ankush Kapoor (Cit Dr) सुनवाई की तारीख / Date Of Hearing: 23/01/2024 घोषणा की तारीख /Date Of Pronouncement: 08/02/2024 Per Aby T. Varkey, Jm: आदेश / Order This Is An Appeal Preferred By The Assessee Against The Revision Order Of The Ld. Principal Commissioner Of Income Tax-03, [Hereinafter Referred To As The “Pcit”], Mumbai Dated 18.01.2021 For

For Appellant: Revenue byFor Respondent: Shri Nitesh Joshi
Section 143(3)Section 144C(13)Section 263Section 263(1)

wholly without jurisdiction because the AO's action of allowing the depreciation claim of Chennai unit cannot be termed as “erroneous or prejudicial to the Revenue” without which, according to Ld. AR, the PCIT lacks jurisdiction to interfere with the action of AO u/s 263 of the Act. Thus, according

Cholan Paper and Board Private Limited, Chennai vs. PCIT-1 Chennai, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 679/CHNY/2023[2018-19]Status: DisposedITAT Chennai07 Feb 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.679/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 Cholan Paper & Board Private Vs. The Principal Commissioner Of Limited,No. 1, Bukkathurai, Nh 45, Income Tax, Chennai-1, Bukkuathurai, Kancheepuram District, Chennai. Tamil Nadu 603 308. [Pan:Aaacc1363M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Quadir Hoseyn, Advocate & Dr.L. Natarajan, Ca ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 30.01.2024 घोषणा की तारीख /Date Of Pronouncement : 07.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Chennai-1, Chennai, Dated 28.03.2023 Relevant To The Assessment Year 2018-19 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri N. Quadir Hoseyn, Advocate &For Respondent: Shri Nilay Baran Som, CIT
Section 142(1)Section 143(1)Section 143(3)Section 263Section 40A(7)

opinion that the assessment order passed 3 I.T.A. No.679/Chny/23 under section 143(3) r.w.s. 143(3A) & 143(3B) of the Act is erroneous and prejudicial to the interest of Revenue and accordingly set aside the assessment order and directed the Assessing Officer to re-examine and pass fresh assessment order

Paschim Gujarat Vij Co. Ltd., Vadodara vs. The Pr.CIT-2, Baroda

The appeal of the assessee is partly allowed

ITA 911/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad02 Feb 2024AY 2014-15

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2014-15 The Principal Commissioner Of Paschim Gujarat Vij. Co. Ltd., Income-Tax-2, Off. Nana Mava Main Road, Vs. Vadodara Laxmi Nagar, Rajkot-360004 Pan : Aadcp 1453 C अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Mehul K. Patel, Advocate Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 29.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 02.02.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income-Tax, Vadodara-2 [Herein-After Referred To As “Pcit”] Dated 27.03.2019, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2014-15. 2. The Grounds Raised By The Assessee Are As Under:- “(1) That On Facts & In Law, The Learned Cit Has Grievously Erred In Assuming Jurisdiction U/S.263 Of The Act, Without Recording A Satisfaction As To How The Assessment Order Passed U/S 143(3) Of The Act Is Erroneous & Prejudicial To The Interest Of Revenue. (2) That On Facts & In Law, The Proceedings U/S.263 Are Void As The Original Assessment Order Was Passed U/S.143 (3) Of The Act After Due Inquiry & Application Of Mind / & Is Not Erroneous & Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri Sudhendu Das, CIT-DR
Section 143Section 143(3)Section 263Section 32(1)(iia)

jurisdiction u/s.263 of the Act, without recording a satisfaction as to how the assessment order passed u/s 143(3) of the Act is erroneous and prejudicial to the interest of Revenue. (2) That on facts, and in law, the proceedings u/s.263 are void as the original assessment order was passed ... u/s.143 (3) of the Act after due inquiry and application of mind / and is not erroneous and prejudicial to the interest of the Revenue. 2 Paschim Gujarat Vij Company Ltd Vs. PCIT AY : 2014-15 (3) That on facts, and in law the learned CIT has grievously erred in setting

Madhya Gujarat Vij Company Ltd., Vadodara vs. The Pr. Commissioner of Income Tax, -2, Vadodara

The appeal of the assessee is allowed

ITA 909/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad02 Feb 2024AY 2013-14

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2013-14 Madhya Gujarat Vij Co. Ltd., The Principal Commissioner Of Vs. Sardar Patel Vidyut Bhavan, Income-Tax-2, Race Course, Vadodara-390007 Vadodara Pan : Aadcm 7439 H अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Mehul K. Patel, Advocate Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 29.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 02.02.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income-Tax, Vadodara-2 [Herein-After Referred To As “Pcit”] Dated 27.03.2019, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2013-14. 2. The Grounds Raised By The Assessee Are As Under:- “(1) That On Facts & In Law, The Learned Cit Has Grievously Erred In Assuming Jurisdiction U/S.263 Of The Act, Without Recording A Satisfaction As To How The Assessment Order Passed U/S 143(3) Of The Act Is Erroneous & Prejudicial To The Interest Of Revenue. (2) That On Facts & In Law, The Proceedings U/S.263 Are Void As The Original Assessment Order Was Passed U/S.143 (3) Of The Act After Due Inquiry & Application Of Mind / & Is Not Erroneous & Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri Sudhendu Das, CIT-DR
Section 139(1)Section 143Section 143(3)Section 263Section 36(1)(vii)Section 43B

jurisdiction u/s.263 of the Act, without recording a satisfaction as to how the assessment order passed u/s 143(3) of the Act is erroneous and prejudicial to the interest of Revenue. (2) That on facts, and in law, the proceedings u/s.263 are void as the original assessment order was passed ... u/s.143 (3) of the Act after due inquiry and application of mind / and is not erroneous and prejudicial to the interest of the Revenue. 2 Madhya Gujarat Vij Company Ltd Vs. PCIT AY : 2013-14 (3) That on facts, and in law the learned CIT has grievously erred in setting