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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

Sahyadri Farmers Producer Company Limited, Nashik vs. PCIT, -1, Nashik

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

ITA 1378/PUN/2025[2020-21]Status: DisposedITAT Pune14 Nov 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1378/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-21 Sahyadri Farmers Producer Vs. Pcit-1, Nashik. Company Limited, Survey No.1102/8, Behind Police Head Quarter, Adgaon, Nashik- 422003. Pan : Aapcs1516D Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Amit Bobde Date Of Hearing : 21.08.2025 Date Of Pronouncement : 14.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2025 Passed U/S 263 Of The Act By Ld. Pcit, Nashik-1 [‘Ld. Pcit’] For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Pcit-1, Nashik Erred In Law & On Facts In Assuming Jurisdiction U/S 263 Of The Ita, 1961 On The Analogy That The Order Passed U/S 143(3) Of The Ita, 1961 Dated 19/09/2022 Was Erroneous & Prejudicial To The Interest Of The Revenue. Grounds Relating To Government Grants:

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amit Bobde
Section 143(3)Section 2(24)(xviii)Section 263Section 43(1)

analogy that the order passed u/s 143(3) of the ITA, 1961 dated 19/09/2022 was erroneous and prejudicial to the interest of the revenue. Grounds relating to Government grants: 2 2. The learned PCIT-1, Nashik erred in law and on facts in not appreciating the fact that ... were duly verified by the learned AO. As such the order u/s 143(3) of the ITA, 1961 is neither erroneous nor prejudicial to the interest of the revenue. 3. Learned PCIT erred in law and on facts in treating the government grants as taxable income of appellant

Alicon Castalloy Ltd, Pune vs. PCIT, -1, Pune

In the result, appeal of the Assessee is allowed

ITA 1377/PUN/2025[2020-21]Status: DisposedITAT Pune14 Nov 2025AY 2020-21

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1377/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Alicon Castalloy Ltd., V The Pr.Commissioner Of Gat No.1426, Village S Income Tax-1, Pune. Shikrapur, Taluka Shirur, Pune – 412208. Pan: Aabcp0252B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S Pathak Revenue By Shri Aditya Shukla – Cit(Dr) Date Of Hearing 17/09/2025 Date Of Pronouncement 14/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-1, Under Section 263 Of The Income Tax Act, 1961 Dated 27.03.2025 For Assessment Year 2020-21 Emanating From The Assessment Order U/S.143(3) Of The Act, Dated 20.09.2022. The Assessee Has Raised The Following Grounds Of Appeal : “1] The Learned Pr.C1T Erred In Revising The Asst, Order Passed U/S

Section 143(3)Section 263

learned Pr.C1T erred in revising the asst, order passed u/s ITA No.1377/PUN/2025 [A] 143(3) r.w.s. 144B on the ground that it was erroneous and prejudicial to the interest of the revenue. 2] The Pr. C1T erred in revising the asst, order u/s 263 by setting aside the asst. order ... file of the learned A.O. to reexamine the issue of trade creditors without appreciating that the asst, order was neither erroneous nor prejudicial to the interest of the revenue and therefore, there was no reason to set aside the asst, order on the said issue. 3] The learned

ACIT, Chennai vs. Updater Services Limited, Chennai

In the result, the grounds of appeal raised by both the assessee and the Revenue, as well as the grounds raised in the cross-objections filed by the assessee, are treated as allowed for statistical...

ITA 1616/CHNY/2025[2017]Status: DisposedITAT Chennai14 Nov 2025

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:1339 /Chny/2025 िनधा#रण वष# / Assessment Year: 2017-18 M/S. Updater Services Limited (Formerly Dcit, Known As Updater Services Private Vs. Central Circle -2(3), Limited), No.2/302-A, Uds Salai, Chennai. Off Old Mahabalipuram Road, Thoraipakkam, Chennai – 600 097. [Pan:Aaacu-6845-J] (अपीलाथ%/Appellant) (&'थ%/Respondent)

For Appellant: Shri. K. Prasanna, C.AFor Respondent: Ms. E. Pavuna Sundari, C.I.T
Section 115QSection 250Section 263Section 391Section 77A

invoke Section 115QA, Section 56(2)(viia) of the Act, or disallow the proportionate interest on diverted working capital. This omission was deemed erroneous and prejudicial to the Revenue’s interest. Consequently, a notice u/s.263 of the Act was issued on 10.03.2021, stating that the assessment order required revision ... invoking Section 263 was :-19-: ITA Nos.:1339, 1616/Chny/2025 & C.O.No.66/Chny/2025 that the assessment order lacked proper enquiries and verification, making it erroneous and prejudicial to the interest of revenue. The claim that the AO was aware of all documents were found irrelevant since the issues were never raised

M/S. Updater Services Ltd., Chennai vs. DCIT, Central Circle-2(3), Chennai

In the result, the grounds of appeal raised by both the assessee and the Revenue, as well as the grounds raised in the cross-objections filed by the assessee, are treated as allowed for statistical...

ITA 1339/CHNY/2025[2017-18]Status: DisposedITAT Chennai14 Nov 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:1339 /Chny/2025 िनधा#रण वष# / Assessment Year: 2017-18 M/S. Updater Services Limited (Formerly Dcit, Known As Updater Services Private Vs. Central Circle -2(3), Limited), No.2/302-A, Uds Salai, Chennai. Off Old Mahabalipuram Road, Thoraipakkam, Chennai – 600 097. [Pan:Aaacu-6845-J] (अपीलाथ%/Appellant) (&'थ%/Respondent)

For Appellant: Shri. K. Prasanna, C.AFor Respondent: Ms. E. Pavuna Sundari, C.I.T
Section 115QSection 250Section 263Section 391Section 77A

invoke Section 115QA, Section 56(2)(viia) of the Act, or disallow the proportionate interest on diverted working capital. This omission was deemed erroneous and prejudicial to the Revenue’s interest. Consequently, a notice u/s.263 of the Act was issued on 10.03.2021, stating that the assessment order required revision ... invoking Section 263 was :-19-: ITA Nos.:1339, 1616/Chny/2025 & C.O.No.66/Chny/2025 that the assessment order lacked proper enquiries and verification, making it erroneous and prejudicial to the interest of revenue. The claim that the AO was aware of all documents were found irrelevant since the issues were never raised