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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

Drums Food International P. Ltd., Mumbai vs. Pr. CIT -6, Mumbai

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

ITA 568/MUM/2021[2015-16]Status: DisposedITAT Mumbai23 Jun 2022AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri S Rifaur Rahmandrums Food Vs. Pcit – 6 International Pvt Ltd Room No. 501, 5Th Unit No. 912, 9Th Floor Floor, Aayakar Hubtown Solaris, N.S Bhavan, Mk Road, Phadke Marg, Andheri Mumbai – 400020. (E), Mumbai – 400 069. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccd7235M Appellant .. Respondent Appellant By : Dr. K. Shivaram, Sr. Adv.Ar Respondent By : Mr.Surendra Kumar, Cit-Dr Date Of Hearing 25.04.2022 Date Of Pronouncement 30.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Principle Commissioner Of Income Tax (Pr.Cit)-6, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Dr. K. Shivaram, Sr. Adv.ARFor Respondent: Mr.Surendra Kumar, CIT-DR
Section 143(1)Section 143(2)Section 143(3)Section 263

respect to the issue of valuation of shares without appreciating that the said assessment order was Drums Food International P Ltd, Mumbai neither erroneous nor prejudicial to the interest of the revenue and hence the order of revision is bad in law. 2. The learned Pr. CIT failed to appreciate ... learned Assessing Officer has accepted the valuation after making proper enquiry and due application of mind and thus the assessment order was neither erroneous nor prejudicial to the interest of the revenue and hence the order of revision is bad in law. 3. The learned Pr.CIT failed to appreciate that

Kisan Agro Mart P. Ltd., Mira Road vs. Pr. CIT-1, Mumbai

ITA 936/MUM/2021[2011-12]Status: DisposedITAT Mumbai10 Jun 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.936/मुं/2021 ("न.व. 2011-12) Kisan Agro Mart Private Limited, 604, A, Chandresh Arcade, Laxmi Park, Lodha Road, Mira Road (East) 401 107. Pan: Aaeck-0252F ...... अपीलाथ" /Appellant बनाम Vs. The Principal Commissioner Of Income Tax, Mumbai -1, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri K. Gopal ""तवाद" "वारा/Respondent By : Shri Ajay Chandra सुनवाई क" "त"थ/ Date Of Hearing : 17/03/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 10/06/2022 आदेश/ Order

For Appellant: Shri K. GopalFor Respondent: Shri Ajay Chandra
Section 143(3)Section 148Section 263Section 68Section 69C

Since, the Assessing Officer has failed to invoke the provisions 3 of section 69C of the Act, the assessment order is erroneous and prejudicial to the interest of Revenue. The PCIT on wrong assumption of facts issued notice under section 263 of the Act and passed the impugned order ... such transaction of accommodation entries. The twin conditions 5 necessary for exercising revisional jurisdiction i.e. the assessment order should be erroneous and prejudicial to the interest of Revenue are missing in the instant case. What appears from the impugned order is that the PCIT wants to thrust upon

Hathway Investment P. Ltd., Mumbai vs. The Pr. CIT -12, Mumbai

ITA 1599/MUM/2020[2015-16]Status: DisposedITAT Mumbai10 Jun 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1599/मुं/2020 ("न.व. 2015-16) Hathway Investments Private Limited. Rahejas, 4Th Floor, Corner Of Main Avenue & V.P.Road, Santacruz (West), Mumbai 400 054. Pan: Aaach-1675-B ...... अपीलाथ" /Appellant बनाम Vs. The Principal Commissioner Of Income Tax-12, Mumbai, Room No.127, 1St Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Vijay Mehta ""तवाद" "वारा/Respondent By : Shri Ajay Chandra सुनवाई क" "त"थ/ Date Of Hearing : 15/03/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 10/06/2022 आदेश/ Order

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ajay Chandra
Section 143(3)Section 263

illegal, null and void and bad in law and ought to be cancelled as the said assessment order was neither erroneous nor prejudicial to the interests of revenue.” The other grounds raised in the appeal are either argumentative or in support of ground No.1. 4 6. The assessee has assailed ... section 263 of the Act is an enabling provision which confers jurisdiction on the CIT to revise an assessment order which he considers erroneous and prejudicial to the interests of revenue. The process of revision u/s 263 of the Act initiates only when the CIT calls for and examines

Dusters Total Solutions Services Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-2(1)1, Bangalore

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 165/BANG/2021[2015-16]Status: DisposedITAT Bangalore23 May 2022AY 2015-16

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranassessment Year : 2015-16 M/S. Dusters Total Solutions Dcit, Vs. Services Pvt. Ltd., Circle – 2(1)(1), 4Th Floor, No.50, Zatakia Centre, Bengaluru. 100 Ft. Road, Indiranagar, Bengaluru – 560 038. Pan : Aaccd 5989 Q Appellant Respondent Assessee By : Shri. Padam Chand Khincha, Ca Revenue By : Shri. Roumuan Paite, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 16.03.2022 Date Of Pronouncement : 23.05.2022 O R D E R Per B. R. Baskaran:

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Shri. Roumuan Paite, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 263Section 32(1)Section 43(1)

allowed the depreciation on good will, the Ld Page 3 of 6 PCIT took the view that the assessment order is erroneous and prejudicial to the interests of revenue. Accordingly, he initiated revision proceedings u/s 263 of the Act. After providing opportunity of hearing to the assessee, the Ld PCIT ... hand and failed to arrive at the ‘only view possible’ in given sets of facts. He also held that the assessment order is erroneous and prejudicial to the interests of the revenue. Accordingly, the Ld PCIT passed following order:- “Accordingly, the assessment order is set aside with a direction