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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

Mr. Navinchandra Shah, Mumbai vs. Pr. CIT -20, Mumbai

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

ITA 517/MUM/2021[2014-15]Status: DisposedITAT Mumbai24 Feb 2022AY 2014-15

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadaleita No. 517 & 518/Mum/2021 (A.Y: 2014-15 & 2015-16) Mr. Navinchandra Shah Vs. Pr.Cit- 20, 10/11, Harganga Room No.418, Mahal, Khodadad 4Th Floor, Circle, Dadar-Tt, Piramal Chamber, Mumbai – 400014. Lalbaug, Parel, Mumbai - 400012 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeps6096A Appellant .. Respondent Appellant By : Mr.Neelkanth Khandelwal.Ar Respondent By : Mr.Rakesh Garg, Cit Dr Date Of Hearing 24.01.2022 Date Of Pronouncement 24.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Two Appeals Filed By The Assessee Against The Separate Orders Of The Principle Commissioner Of Income Tax (Pcit)-20, Mumbai Passed U/S 263 Of The Act. Since The Issues In These Appeal Are Common & Identical, Hence They Are Clubbed, Heard & Consolidated Order Is Passed.

For Appellant: Mr.Neelkanth Khandelwal.ARFor Respondent: Mr.Rakesh Garg, CIT DR
Section 143Section 143(2)Section 143(3)Section 148Section 263Section 68

holding that the assessment order dated 28/12/2017 passed by the Assessing Officer under section 143[3] r.w.s.147 of Income Tax Act, 1961 is erroneous and prejudicial to the interest of the Revenue and consequently, directing the Assessing Officer to frame the order of assessment de novo. 2. The Appellant contends ... entirety; the impugned order under section 263 is bad in law inasmuch as the assessment order of the Assessing Officer is neither erroneous nor prejudicial to the interests of the Revenue. 3. The Appellant further, contends that the Pr.CIT ought not to have reached the aforesaid conclusion inasmuch

Mr. Bhavesh Kantilal Kubadia, Mumbai vs. Pr. CIT -20, Mumbai

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

ITA 516/MUM/2021[2013-14]Status: DisposedITAT Mumbai24 Feb 2022AY 2013-14

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadalemr. Bhavesh Kantilal Vs. Pcit-20 Kubadia Room No. 418, 7, 2Nd Floor, Neminath 4Th Floor, Bldg, Sk Bole, Dadar Piramal Chamber (W), Mumbai – 400028 Lalbaug, Parel, Mumbai - 400012 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agrpk2377D Appellant .. Respondent Appellant By : Mr.Neelkanth Khandelwal.Ar Respondent By : Mr.Rakesh Garg, Cit Dr Date Of Hearing 24.01.2022 Date Of Pronouncement 24.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

For Appellant: Mr.Neelkanth Khandelwal.ARFor Respondent: Mr.Rakesh Garg, CIT DR
Section 143Section 143(1)Section 143(2)Section 143(3)Section 148Section 263Section 68Section 69

holding that the assessment order dated 14/12/2017 passed by the Assessing Officer under section 143[3] r.w.s.147 of Income Tax Act, 1961 is erroneous and prejudicial to the interest of the Revenue and consequently, directing the Assessing Officer to frame the order of assessment de novo. 2. The Appellant contends ... entirety; the impugned order under section 263 is bad in law inasmuch as the assessment order of the Assessing Officer is neither erroneous nor prejudicial to the interests of the Revenue. 3. The Appellant further, contends that the Pr.CIT ought not to have reached the aforesaid conclusion inasmuch

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

In the result, appeal of the assessee is allowed for parity of reasons

ITA 1602/MUM/2020[2015-16]Status: DisposedITAT Mumbai23 Feb 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 1602/मुं/2020 ("न. व. 2015-16) आअसं. 1600/मुं/2020 ("न.व. 2017-18) Bharat Petroleum Corporation Ltd. Taxation Section, 4Th Floor, Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 Pan: Aaacb-2902-M ...... अपीलाथ" /Appellant बनाम Vs. The Principal Commissioner Of Income Tax, Circle -2, Room No.344, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jehangir D. Mistry, Sr. Advocate ""तवाद" "वारा/Respondent By : S/Shri Rahul Raman & B.K. Bagchi सुनवाई क" "त"थ/ Date Of Hearing : 26/11/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 23/02/2022 आदेश/ Order

For Appellant: Shri Jehangir D. Mistry, Sr. AdvocateFor Respondent: S/Shri Rahul Raman & B.K. Bagchi
Section 10(34)Section 236Section 263Section 32A

taken one of the possible views, therefore, the twin conditions laid down under section 263 of the Act i.e. the assessment order is erroneous and prejudicial to the interest of Revenue are not satisfied. The ld. Counsel for the assessee submitted that merely for the reason that the Assessing Officer ... claim of deduction u/s. 32AC of the Act. The PCIT has rightly in exercise of revisional jurisdiction has held the assessment order erroneous and prejudicial to the interest of Revenue. 7. We have heard the submissions made by rival sides and have examined the orders of authorities below. The assessee

Bharat Petroleum Corporation Ltd., Mumbai vs. Pr. CIT, Circlr-2, Mumbai

In the result, appeal of the assessee is allowed for parity of reasons

ITA 1600/MUM/2020[2017-18]Status: DisposedITAT Mumbai23 Feb 2022AY 2017-18

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 1602/मुं/2020 ("न. व. 2015-16) आअसं. 1600/मुं/2020 ("न.व. 2017-18) Bharat Petroleum Corporation Ltd. Taxation Section, 4Th Floor, Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 Pan: Aaacb-2902-M ...... अपीलाथ" /Appellant बनाम Vs. The Principal Commissioner Of Income Tax, Circle -2, Room No.344, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jehangir D. Mistry, Sr. Advocate ""तवाद" "वारा/Respondent By : S/Shri Rahul Raman & B.K. Bagchi सुनवाई क" "त"थ/ Date Of Hearing : 26/11/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 23/02/2022 आदेश/ Order

For Appellant: Shri Jehangir D. Mistry, Sr. AdvocateFor Respondent: S/Shri Rahul Raman & B.K. Bagchi
Section 10(34)Section 236Section 263Section 32A

taken one of the possible views, therefore, the twin conditions laid down under section 263 of the Act i.e. the assessment order is erroneous and prejudicial to the interest of Revenue are not satisfied. The ld. Counsel for the assessee submitted that merely for the reason that the Assessing Officer ... claim of deduction u/s. 32AC of the Act. The PCIT has rightly in exercise of revisional jurisdiction has held the assessment order erroneous and prejudicial to the interest of Revenue. 7. We have heard the submissions made by rival sides and have examined the orders of authorities below. The assessee

Mr. Santokumar Gograj Adukia, Mumbai vs. Pr. CIT-17, Mumbai

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

ITA 990/MUM/2021[202-13]Status: DisposedITAT Mumbai18 Feb 2022

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 990/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2012-13) Mr. Santosh Kumar Gograj बिधम/ Pcit-17 Room No.120, 1St Floor, Adukia Vs. B-401 Twin Apartment, Kautilya Bhavan, C-41 To C- Marve Road, Opp. Marve 43, G Block, Bandra Kurla Nsg. Home,Malad- Complex, Bandra (E), Mumbai-400064. Mumbai-400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaapa7459F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Shailesh Bandi Revenue By: Shri A. K. Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 15/12/2021 घोषणा की तारीख /Date Of Pronouncement: 18/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 27.03.2021 Passed By The Principal Commissioner Of Income Tax - 17 Mumbai [Hereinafter Referred To As The “Pcit)”] Relevant To The A.Y.2012- 13 In Which The Principal Commissioner Of Income Tax-17 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Pr. C.I.T, Mumbai-17, Has Grossly Erred In Passing An Order U/S 263 Of The I.T Act, Without Providing An Opportunity Of Personal Hearing, Which Is Against The Principles Of Natural Justice & Is Bad In Law.

For Appellant: Shri Shailesh BandiFor Respondent: Shri A. K. Kardam (DR)
Section 139(1)Section 143(3)Section 147Section 148Section 263Section 69ASection 69C

C.I.T, Mumbai 17, has grossly erred in concluding that an order passed U/S 147 R.W.S 143 (3) is erroneous and prejudicial to the interest of revenue. 4. On the facts and circumstances of the case and in law, the Ld. Pr. C.1.T has failed to point out any error& reason

Nico Controls P. Ltd., Mumbai vs. The ITO - Ward-1(2)(3), Mumbai

ITA 846/MUM/2021[2016-17]Status: DisposedITAT Mumbai16 Feb 2022AY 2016-17

Bench: Shri G.S.Pannu & Shri Vikas Awasthyआअसं. 846/मुं/2021("न. व .2016-17) Nico Controls Pvt Ltd. 8 Mohatta Bhavan, 2Nd Floor, Off Dr E Moses Road, Worli, Mumbai 400 018 Pan: Aaacn-6646-C ...... अपीलाथ" /Appellant बनाम Vs. The Commissioner Of Income Tax(Exemptions), Piramal Chambers, 6Th Floor, Parel, Mumbai 400 012. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Subhash Shetty, Adv. ""तवाद" "वारा/Respondent By : Shri Mahesh Akhade, Cit-Dr सुनवाई क" "त"थ/ Date Of Hearing : 29/11/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 16/ 02/2022

For Appellant: Shri Subhash Shetty, AdvFor Respondent: Shri Mahesh Akhade, CIT-DR
Section 142(1)Section 263

Officer has failed to examine the issue and has passed the impugned assessment order without making enquiries and hence, the assessment order is erroneous and prejudicial to the interest of Revenue. 3. Per contra, Shri Mahesh Akhade representing the Department vehemently supported the order passed by the PCIT ... considered view that the twin mandatory conditions as set out in section 263 of the Act i.e. assessment order should be erroneous and prejudicial to the interest of Revenue are not concurrently satisfied in the instant case. Hence, the PCIT has erred in assuming revisional jurisdiction

Sir Ratan Tata Trust, Mumbai vs. CIT (Exemption), Mumbai

ITA 773/MUM/2021[2016-17]Status: DisposedITAT Mumbai16 Feb 2022AY 2016-17

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 773/मुं/2021 (िन.व.2016-17) Sir Ratan Tata Trust, Bombay House, 24, Homi Modi Street, Fort, Mumbai-400001. Pan: Aaats1013P ...... अपीलाथ" /Appellant बनाम Vs. Cit (Exemptions), Room No.617, 6Th Floor, Piramal Chambers, Lalbaug, Parel, Mumbai-400012 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Sukhsagar Syal, Advocate "ितवादी "ारा/Respondent By : Sh. Amol Kirtane, Cit-Dr सुनवाई की ितिथ/ Date Of Hearing : 15/12/2021 घोषणा की ितिथ/ Date Of Pronouncement : 16/02/2022 आदेश/ Order

For Appellant: Sh. Sukhsagar Syal, AdvocateFor Respondent: Sh. Amol Kirtane, CIT-DR
Section 11(5)Section 143(3)Section 263

below: “7. Conclusion: 7.1. Thus, it clearly comes out from the above judgements that not conducting due verification amounts to the order being erroneous and prejudicial to the interest of revenue. No enquiry or due verification, even in cases where the issue was debatable also amounts to the order being ... erroneous and prejudicial to the interest of revenue. Similarly, adopting the pertinent line of enquiry but not taking it to the logical end also renders the order erroneous and prejudicial to the interest of revenue. 7.2. In the light of the discussion in the preceding paragraphs, | am convinced that

Mr. Kishore Nandlal Chabria, Mumbai vs. The Pr. CIT-16, Mumbai

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

ITA 1554/MUM/2020[2015-16]Status: DisposedITAT Mumbai10 Feb 2022AY 2015-16

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1554/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Mr. Kishore Nandlal Pcit-16 Room No.437, 4Th Floor Chabria Vs. 51, 5Th Floor, Radheya Aayakar Bhavan, Building, 14Th Road, Khar Maharishi Karve Road, West, Mumbai-400052. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpc5779R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Singh Revenue By: Shri Vinay Sinha (Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2021 घोषणा की तारीख /Date Of Pronouncement: 10/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 07.07.2020 Passed By The Principal Commissioner Of Income Tax-16, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-16 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On The Facts & In The Circumstances Of The Case, The Order Passed By The Learned Principal Commissioner Of Income Tax-16, Mumbai Under Section 263 Of The Income Tax Act. 1961 Is Void Ab Initio Being Had In Law Based On Assumptions & Wrong Facts & Without Jurisdiction. 2. On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax-16, Mumbai Has Erred On Facts & In Law In Assuming Jurisdiction Under Section 263 Of The Income Tax Act, 1961 When

For Appellant: Shri Sanjay SinghFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 263Section 263(1)

case, the Principal Commissioner of Income Tax-16, Mumbai has wrongly held that the order passed by Learned Assessing Officer is erroneous arid prejudicial to the interest when no independent enquiry has been made by the Learned Principal Commissioner of Income Tax-16, Mumbai. 4. On the facts ... above issues and by not making adequate enquiry the Assessing Officer has not assessed the proper income and the order has become erroneous and prejudicial to the interest of the revenue. In view of the above, the order dated 29/03/2014 passed by ACIT, Circle-43, Kolkata is found