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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

Krishnarajapet Taluk Agri Pro Co Op Marketing Society, Mandya vs. Principal Commissioner of Income Tax, Mysore

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

ITA 514/BANG/2021[2015-16]Status: DisposedITAT Bangalore09 Feb 2022AY 2015-16

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2015-16 M/S. Krishnarajapet Taluk Agri Pro Co-Op Vs. Pr. Commissioner Of Income Tax, Marketing Society Ltd., Mysore. K. R. Pet, K. R. Pet Taluk, Mandya 571 426. Pan : Aaaak 4566 E Appellant Respondent Assessee By : Shri. Shankar Gowda H, Fca Revenue By : Shri. Sankar Ganesh K, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 08.02.2022 Date Of Pronouncement : 08.02.2022 O R D E R Per N. V. Vasudevan: V. Vasudevan

For Appellant: Shri. Shankar Gowda H, FCAFor Respondent: Shri. Sankar Ganesh K, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 263Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(2)(i)Section 80P(4)

jurisdiction under section 263 and held in order dated 19-03-2020 that the order u/s 143(3) is held to be erroneous and prejudicial to the interest of the revenue and directed the AO to revise the assessment order accordingly. 6. The Principal Commissioner of Income Tax relied ... u/s.80P(2)(d) of the Act on a sum of Rs.3,91,931/- which was interest received on investments with MDCC Bank, was erroneous and prejudicial to the interest of the revenue. According to the CIT, in view of the provisions of section 80P(4) of the Act excluding

M/S. Veena Patil Hospitality P. Ltd., Mumbai vs. Pr. CIT-8, Mumbai

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

ITA 627/MUM/2021[2016-17]Status: DisposedITAT Mumbai01 Feb 2022AY 2016-17

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalem/S. Veena Patil Vs. Pcit-8 Hospitality Pvt Ltd Room No. 611, 701To 705, Neelkanth 6Th Floor, Aayakar Corporate Park, Kirol Bhavan, Mk Road, Road, Vidhyavihar Mumbai – 400 020 West, Mumbai - 400086 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecv4768R Appellant .. Respondent Appellant By : Shri. Yogesh Thar.C.A. Ar Respondent By : Shri. Achal Sharma.Dr Date Of Hearing 30.11.2021 Date Of Pronouncement 14.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr.Commissioner Of Income Tax (Pr.Cit)-8, Mumbai, Passed U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Yogesh Thar.C.A. ARFor Respondent: Shri. Achal Sharma.DR
Section 143(2)Section 143(3)Section 263

passing the revision order u/s. 263 on the alleged ground that the original assessment order passed u/s. 143(3) of the Act was erroneous and prejudicial to the interest of the revenue. 2.2 The Appellant, therefore, prays that it be held that the order passed ... erroneous and prejudicial to the interest of revenue and therefore the jurisdiction exercised u/s. 263 of the Act by the Id. PCIT was void-ab-initlo and consequently, the revision proceedings and the revision order deserve to be quashed. Without prejudice to Ground No. I and 2, 3. Ground

Breach Candy Hospital Trust, Mumbai vs. CIT (Exemptions), Mumbai

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

ITA 807/MUM/2021[2015-16]Status: DisposedITAT Mumbai31 Jan 2022AY 2015-16

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadalebreach Candy Hospital Vs. Cit (Exemptions) Trust, Room, Mp/ 617, 6Th 60, Bhulabhai Desai Floor, Piramal Road, Mumbai – Chambers, Lalbaug, 400026. Parel, Mumbai – 400012 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatb0214D Appellant .. Respondent Appellant By : Shri.Ketan Ved. Ar Respondent By : Shri. Mahesh Akhade. Dr Date Of Hearing 18.01.2022 Date Of Pronouncement 31.01.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed An Appeal Against The Order Of The Commissioner Of Income Tax (Exemptions), Mumbai Passed U/S 263 Of The Act Dated 19.03.2021.The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Ketan Ved. ARFor Respondent: Shri. Mahesh Akhade. DR
Section 11Section 143(3)Section 263

dated 28.12.2017. 5. Subsequently, the CIT(E) on verification of the assessment record observed that the order of the A.O. is erroneous and prejudicial to the interest of the revenue and issued notice. In response to the notice u/s 263 of the Act, the assessee has filed the reply/written submissions ... mind. Hence, the CIT(E) action cannot be acceptable as the order passed by the A.O. does not satisfy the twin conditions of erroneous and prejudicial to the interest of the revenue. Accordingly, we set aside the order of the CIT(E) and allow the grounds of appeal in favour