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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

Ants Ceramics P Ltd, Mumbai vs. Pr.CIT-1, Thane

In the result, the appeals of the assessee are hereby allowed

ITA 970/MUM/2021[2017-18]Status: DisposedITAT Mumbai01 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 970/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2017-18) & आयकर अपील सं/ I.T.A. No. 971/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2016-17) बनधम/ Ants Ceramics Pvt. Ltd. Pcit, Thane-1 B Wing, Ashar It Park, 6Th 1 Jivdani Ind. Estate No.1, Vs. Off. Western Express Floor, Road No.16Z, Highway, Dhumal Nagar, Wagle Industrial Estate, Vasai Road (E), 401208. Thane (W), Thane, Maharashtra-400604. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aafca3194D (प्रत्यथी / Respondent) (अपीलाथी /Appellant) .. Assessee By: Shri Anil Sathe Revenue By: Ms. Shailja Rai (Dr) सुनवाई की तारीख / Date Of Hearing: 03/01/2022 घोषणा की तारीख /Date Of Pronouncement: 01/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Principal Commissioner Of Income Tax, Thane-1 [Hereinafter Referred To As The “Pcit”] Relevant To The A.Ys.2016-17 & 2017-18 In Which The Principal Commissioner Of Income Tax [Hereinafter Referred To As The “Pcit”] Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. Ita. No. 971/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 22.03.2021 Passed By The Principal Commissioner Of Income Tax, Thane- Relevant To The A.Y.2016-17 In Which The Principal Commissioner Of Income Tax Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. 2

For Appellant: Shri Anil SatheFor Respondent: Ms. Shailja Rai (DR)
Section 139(1)Section 263Section 35

stating that the assessing officer has not appreciated the facts and provisions of the Act making the order erroneous and prejudicial to the interest of revenue, whereas the A.O. has duly examined the deduction u/s 35(2AB) claimed by the appellant and passed the order accordingly. 4. The learned Principal

M/S Wintac Ltd, Bangalore vs. Dy, Commissioner of Income Tax Circle-12(5), Bangalore

In the result appeal filed by assessee in ITA

ITA 1164/BANG/2017[2008-09]Status: DisposedITAT Bangalore31 Mar 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 M/S. Wintac Ltd., No. 54/1, Boodhihal The Commissioner Of Village, Income Tax, Nelamangala, Bangalore – Iii. Bangalore – 562 123. Vs. Pan: Aaacr8313H Appellant Respondent & Assessment Year : 2008-09 M/S. Wintac Ltd., The Deputy No. 54/1, Budihal Village, Commissioner Of Nelamangala Taluk, Income Tax, Bangalore – 562 123. Circle – 12 (5), Pan: Aaacr8313H Vs. Bangalore. Appellant Respondent : Shri H. Anil Kumar & Assessee By Shri Balram R Rao, Advocates : Dr. Manjunath Karkihalli, Cit Revenue By Dr Date Of Hearing : 17-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/07/2021 Passed By Hon’Ble Karnataka High Court In Ita No.90 Of 2015

For Respondent: Shri H. Anil Kumar &
Section 115WSection 115W(2)Section 263

issued notice on 11/03/2013 to assessee. The Ld.Pr.CIT by order dated 30/03/2013 held that, order passed by the Assessing Authority is erroneous and prejudicial to the interest of the revenue, as the Assessing Authority did not consider the items namely, vehicle maintenance of ₹ 24,83,836/-, travelling and conveyance amounting ... accepting of accounting entries as it is without any enquiry being carried out by the Assessing Officer would make the assessment order erroneous and prejudicial to the interests of revenue. In the facts and circumstances of the case as discussed above, we are of the considered view that the learned

Wintac Ltd vs. C.I.T

In the result appeal filed by assessee in ITA

ITA 604/BANG/2013[2008-09]Status: DisposedITAT Bangalore31 Mar 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 M/S. Wintac Ltd., No. 54/1, Boodhihal The Commissioner Of Village, Income Tax, Nelamangala, Bangalore – Iii. Bangalore – 562 123. Vs. Pan: Aaacr8313H Appellant Respondent & Assessment Year : 2008-09 M/S. Wintac Ltd., The Deputy No. 54/1, Budihal Village, Commissioner Of Nelamangala Taluk, Income Tax, Bangalore – 562 123. Circle – 12 (5), Pan: Aaacr8313H Vs. Bangalore. Appellant Respondent : Shri H. Anil Kumar & Assessee By Shri Balram R Rao, Advocates : Dr. Manjunath Karkihalli, Cit Revenue By Dr Date Of Hearing : 17-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/07/2021 Passed By Hon’Ble Karnataka High Court In Ita No.90 Of 2015

For Respondent: Shri H. Anil Kumar &
Section 115WSection 115W(2)Section 263

issued notice on 11/03/2013 to assessee. The Ld.Pr.CIT by order dated 30/03/2013 held that, order passed by the Assessing Authority is erroneous and prejudicial to the interest of the revenue, as the Assessing Authority did not consider the items namely, vehicle maintenance of ₹ 24,83,836/-, travelling and conveyance amounting ... accepting of accounting entries as it is without any enquiry being carried out by the Assessing Officer would make the assessment order erroneous and prejudicial to the interests of revenue. In the facts and circumstances of the case as discussed above, we are of the considered view that the learned

Nagothane Byapari Sahakari Patsanstha Maryadit, Raigarh vs. Pr. CIT-1, Thane

ITA 1011/MUM/2021[2016-17]Status: DisposedITAT Mumbai29 Mar 2022AY 2016-17

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 1011/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Nagothane Vyapari Sahakari बिधम/ Principal Commissioner Of Patsanstha Maryadit, Income Tax Vs. Bazerpeth Nagothane, Thane-1 Raigarh - 402106 Pan : Aaaan4367N (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) Assessee By: Shri Rajiv Khandelwal (Ar) Revenue By: Shri A.K. Kardam (Cit Dr) सुनवाई की तारीख / Date Of Hearing : 08.02.2022 घोषणा की तारीख /Date Of Pronouncement : 29.03.2022

For Appellant: Shri Rajiv Khandelwal (AR)For Respondent: Shri A.K. Kardam (CIT DR)
Section 143(3)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

PCIT had set aside assessment order, dated 29.11.2018, passed under Section 143(3) of the Act by holding the same to the erroneous and prejudicial to the interest of the revenue with the direction to the Assessing Officer to examining the applicability of provision of Section ... lack of jurisdiction of PCIT to pass the order under Section 263 of the Act, firstly, on account the assessment order neither being erroneous nor prejudicial to interest of Revenue and, secondly, for the reason that the appellant having had opted for Direct Tax Vivad Se Vishwas Scheme