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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

Pr. CIT Circle-2, Mumbai vs. Bharat Prtroleum Corporation Ltd., Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1601/MUM/2020[2016-17]Status: DisposedITAT Mumbai05 Sept 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1601/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2016-17) Bharat Petroleum बिधम/ Pcit, Circle-2 Corporation Ltd. Room No.344, Aayakar Vs. Taxation Section, Bhavan, M. K. Road, 4Th Floor, Bharat Bhavan 1, Mumbai-400020. 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai- 400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacb2902M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jehangir D. Mistry Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2022 घोषणा की तारीख /Date Of Pronouncement: 05/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Has Been Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-02 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 21.02.2020 For Assessment Year [Hereinafter Referred To As “Ay”] 2016-17 Passed Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”].

For Appellant: Shri Jehangir D. MistryFor Respondent: Dr. Mahesh Akhade (DR)
Section 10(34)Section 142(1)Section 143(3)Section 2Section 263Section 32A

pleased to hold that the assessment order passed by the AO u/s 143(3) of the Act dated 20.12.2018 was erroneous and prejudicial to the revenue in terms of Section 263 of the Act read with Explanation-2. Accordingly, the Ld. PCIT set aside the assessment order dated 20.12.2018 with ... since these issues had already been examined and enquired into by the AO and therefore the assessment order cannot be held to be erroneous and prejudicial to interests of Revenue on the ground of inadequate enquiry. Having perused the order impugned before us, it is noted that

Proctor & Gamble Home Products Pvt. Ltd, Mumbai vs. Pr. Comm of Income Tax Mumbai -2, Mumbai

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1221/MUM/2022[2015-16]Status: DisposedITAT Mumbai30 Aug 2022AY 2015-16

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleprocter & Gamble Home Vs. Pr. Cit – 2 Products Pvt Ltd., Room No. 344, 3Rd 495 P&G Plaza, Cardinal Floor, Aayakar Gracias Road, Chakala, Bhawan, M.K.Road, Andheri (E), Mumbai -400020. Mumbai- 400099. Pan/Gir No. : Aaacp4072C Appellant .. Respondent Appellant By : Mr. Yogesh Thar & Mr. Jishaan Jain.Ar Respondent By : Mr. Ganesh Bare.Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Revision Order Of The Pr.Commissioner Of Income Tax(Pr.Cit) -2, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Mr. Yogesh Thar &For Respondent: Mr. Ganesh Bare.DR
Section 143(1)Section 143(2)Section 143(3)Section 263Section 37Section 92C

alleged ground that the order passed u/s. 143(3) r.w.s. 144C(3) of the Income-tax Act, 1961 is erroneous and prejudicial to the interest of the revenue. 2. The Appellant prays that the action of the PCIT u/s. 263 of the Act be held as void-ab initio ... Pr.CIT is of the opinion that the assessment order passed u/s 143(3) r.w.s 144C(13) of the Act is erroneous and prejudicial to the interest of revenue and issued notice u/s 263 of the Act dated 20.01.2022 read as under: 3.1 The assessee company claimed expenses of Rs. 122lakh

Think and Learn Private Limited, Bangalore vs. Principal Commissioner of Income Tax-3, Bangalore

In the result, appeal of the assessee is allowed

ITA 418/BANG/2022[2017-18]Status: DisposedITAT Bangalore30 Aug 2022AY 2017-18

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2017-18 M/S. Think & Learn Private Limited, Vs. Principal Commissioner Of Income Tax - 3, 4/1, 6Th Floor, Tower D, Ibc Bengaluru. Knowledge Park, Bannerghatta Main Road, Opposite Fire Station, Bengaluru – 560 029. Pan : Aaect 0931 A Appellant Respondent Assessee By : Shri. T. Suryanarayana, Advocate Revenue By : Shri. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 24.08.2022 Date Of Pronouncement : 30.08.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 31.03.2022 Of The Principal Cit – 3 (Pcit), Passed Under Section 263 Of The Income Tax Act, 1962 (Hereinafter Called ‘The Act’) In Relation To Assessment Year 2017-18. 2. The Assessee Is A Company Engaged In The Business Of Providing Online Learning Platform In The Name Of “Byju” For Kindergarten To 12Th Standard Students & Other Related Services. The Assessee Filed Return Of Income For Assessment Year 2017-18 Declaring Total Income Of Page 2 Of 10

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 14ASection 245RSection 245R(2)(i)Section 263Section 40Section 56(2)(vii)

action of the AO in passing the order dated 24.12.2019 under section 143(3) of the Act for Assessment Year 2017-18 was erroneous and prejudicial to the interest of the Revenue because as per the provisions of section 245R(a)(i) of the Act, the AO shall not consider ... question of TDS under section 40(a)(i) of the Act in respect of payments made to More Ideas, UAE, the order was erroneous and prejudicial to the interest of the Revenue and liable to be set aside to the file of the AO to pass fresh Order of Assessment