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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

Sameer Ramesh Vashi, Mumbai vs. The Principal Commissioner of Income Tax, Mumbai-17, Mumbai

In the result, appeal of the assessee is allowed

ITA 164/MUM/2025[2018-2019]Status: DisposedITAT Mumbai30 Oct 2025AY 2018-2019

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2018-19 Sameer Ramesh Vashi Vs The Principal Commissioner 702, Samrock Apartment, C.D. Of Income Tax, Barfiwala Road, Andheri-West, Mumbai-17 Mumbai - 400058 [Pan: Aaapv6356Q] Appellant Respondent Present For: Assessee : Dr. K. Shivaram, Sr. Advocate & Shri Rahul Hakani, Advocate Revenue : Shri Satyaprakash R. Singh, Cit Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 30.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Revisionary Order Of Pcit, Mumbai–17, Vide Order No. Itba/Com/F/17/2024- 25/1070374871(1), Dated 14.11.2024 Passed U/S. 263 Against The Assessment Order By National E-Assessment Centre, Delhi, U/S.143(3) R.W.S. 143(3A) & 143(3B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 14.03.2023 For Ay 2018-19. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Pcit, Mumbai-17 Erred In Passing Order U/S 263 & Holding That Order Passed U/S 143(3) Dt 24-03-2021 Is Erroneous & Prejudicial To The Interest Of Revenue & Hence Directed The Ao To Reframe The Assessment.

For Appellant: Dr. K. Shivaram, Sr. Advocate and Shri Rahul Hakani, AdvocateFor Respondent: Shri Satyaprakash R. Singh, CIT DR
Section 142(1)Section 143(2)Section 143(3)Section 263

PCIT, Mumbai-17 erred in passing order u/s 263 and holding that order passed u/s 143(3) dt 24-03-2021 is erroneous and prejudicial to the interest of revenue and hence directed the AO to reframe the assessment. 2 Sameer Ramesh Vashi AY 2018-19 2. The said PCIT ... well settled law that for invoking the provisions of section 263 of the Act, both the conditions that the order must be erroneous and prejudicial to the interest of revenue needs to be satisfied. This ratio stands laid down by various Hon’ble Courts. 7.2. For this, let us take

Vikas Ratanlal Jain, Aurangabad vs. CIT(A), Aurangabad

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 648/PUN/2025[2014-15]Status: DisposedITAT Pune29 Oct 2025AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.648/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Vikas Ratanlal Jain, Vs. Ito, Ward-1(1), Plot No.32, Station Road, Aurangabad. Vedant Nagar, Chhatrapati Sambhajinagar, Aurangabad- 431005. Pan : Afapj5847B Appellant Respondent Assessee By : Shri Nandkishor S. Daga & Shri Nitesh N. Daga Revenue By : Shri Shashank Ojha Date Of Hearing : 18.08.2025 Date Of Pronouncement : 29.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.01.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “01. On The Facts & Circumstances Of The Case & In Law, The Learned Ctt(A) Along With The Learned Ao Has Erred In Contending That Provisions Of S. 56(2)(Vii)(B) Is Applicable To All The Immovable Properties Even If Such Land Is Considered As Stock In Trade. As Mentioned In The Explanation To The Aforesaid Section, Property Means The ‘Capital Asset’ Of The Assessee & Hence If Land Is Considered As Stock In Trade, Provisions Of Such 2 Section Are Not Applicable To Such Purchase. Reliance Is Placed On The Various Judicial Precedents Wherein It Has Been Held That The Provisions Of S. 56(2)(Vii)(B) Are Not Applicable To Stock In Trade But Is Applicable Only To Capital Assets:  Commissioner Of Income Tax Vs. Ashok Agarwal (Huf)

For Appellant: Shri Nandkishor S. Daga &For Respondent: Shri Shashank Ojha
Section 143(3)Section 263Section 56(2)(vii)

Accordingly, Ld. PCIT initiated proceedings u/s 263 of the Act and the assessment order dated 13.12.2016 was declared as erroneous and prejudicial to the interests of the Revenue and the assessment order was set-aside to the file of the Assessing Officer to examine afresh in the light of section