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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

Bhaskar Arvind Kumar Hingad, Mumbai vs. Asstt CIT-24(1), Mumbai

In the result, the appeal of the assessee stands allowed

ITA 692/MUM/2022[2014-15]Status: DisposedITAT Mumbai21 Oct 2022AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.692/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Bhaskar Arvind Kumar बिधम/ Acit-24(1) Hingad 601, 6Th Floor, Piramal Vs. Flat No. 1, Ratnakar Chambers, Lalbaug, Parel, Building, 26 Narayan Mumbai-400012. Dhabolkar Road, Mumbai- 400006. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacph2812F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Assessee Is Against The Order Of The Ld. Principal Commissioner Of Income Tax-20 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 31.03.2022 For Assessment Year 2014- 15 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Vijay MehtaFor Respondent: Dr. Mahesh Akhade (DR)
Section 143(3)Section 263

PCIT has erred in holding that the order passed by the A.O. u/s. 143(3) r.w.s. 263 of the Act dated 31.12.2019 is erroneous and prejudicial to the interest of revenue. 2 A.Y. 2014-15 Bhaskar Arvind Kumar Hingad 3. The learned PCIT has erred in holding that ... details furnished by the assessee to PCIT before arriving at the conclusion that the order passed by the A.O. is erroneous and prejudicial to the interest of the revenue. 6. The appellant craves leave to add to, amend, alter or delete all or any of the foregoing grounds of appeal

Varadaraj Sumathi, Arcot vs. ITO, Ward 2, Vellore

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

ITA 367/CHNY/2021[2010-11]Status: DisposedITAT Chennai12 Oct 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 367/Chny/2021 िनधा"रण वष"/Assessment Year:2010-11 Smt. Varadaraj Sumathi, The Income Tax Officer, 35/12A, Vellore Main Road, 1St Street, Vs. Ward 2, Vellore. Arcot 632 503. [Pan:Bbzps1853C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Abani Kanta Nayak, Cit Dr सुनवाई की तारीख/ Date Of Hearing : 28.09.2022 घोषणा की तारीख /Date Of Pronouncement : 12.10.2022 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/Cit-8, Chennai, Dated 12.03.2020 Relevant To The Assessment Year 2010-11 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri Abani Kanta Nayak, CIT DR
Section 143(3)Section 147Section 263

assessee on the ground that the Assessing Officer has not examined the cash deposit and the order passed by the Assessing officer is erroneous and prejudicial to the interest of Revenue within the meaning of the provisions of section 263 of the Act. It was submitted before the ld. PCIT ... rightly held that the order passed by the Assessing Officer under section 143(3) r.w.s. 147 of the Act dated 26.10.2017 is erroneous and prejudicial to the interest of Revenue. Thus, the ld. PCIT has rightly set aside the assessment order passed by the Assessing Officer and directed the Assessing

Smt, Ramu Annamalai Umaiyal Radhai, Chennai vs. PCIT, Chennai

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

ITA 922/CHNY/2020[2015-16]Status: DisposedITAT Chennai12 Oct 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 922/Chny/2020 िनधा"रण वष"/Assessment Year:2015-16 Smt. Ramu Annamalai Umaiyal Radhai, The Principal Commissioner Of Flat No. Iii, 3Rd Floor, Poojapura Vs. Income Tax- Chennai I, Apartments, St. Mary’S Road, Chennai. Alwarpet, Chennai 600 028. [Pan:Aakpu6790M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V.P. Kuriachan, F.C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 12.10.2022 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 - I, Chennai, Dated 20.05.2020 Relevant To The Assessment Year 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri V.P. Kuriachan, F.C.AFor Respondent: Shri M. Rajan, CIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263

taxation while completing the assessment under section 143(3) of the Act, thereby, the assessment order passed by the Assessing Officer is erroneous and prejudicial to the interest of Revenue. In response to the notice, the AR of the assessee appeared and furnished written submissions along with enclosures 3 I.T.A ... proper diligent application of mind and enquiry. Thus, the ld. PCIT has held that the assessment order passed by the Assessing Officer is erroneous and prejudicial to the interest of Revenue and directed the Assessing Officer to redo the assessment afresh after verification of details as discussed in the revision