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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

Nagabhushanam & Co, Hyderbad vs. ITO., Ward 6(1), Hyderabad

In the result, the appeal of the assessee is dismissed

ITA 779/HYD/2025[2018-19]Status: DisposedITAT Hyderabad10 Sept 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.779/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2018-19) M/S. Nagabhushanam & Co., Income Tax Officer, Vs. Ward-6(1), Hyderabad. Hyderabad. Pan:Aadfn6796P (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri R. Mohan Kumar, Advocate रधजस् व द्वधरध/Revenue By: Ms. U. Mini Chandran, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 01/09/2025 घोर्णध की तधरीख/Pronouncement: 10/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Nagabhushanam & Co. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Principal Commissioner Of Income Tax, Hyderabad-1 (“Ld. Pcit”), Dated 04.03.2025 For The A.Y. 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri R. Mohan Kumar, AdvocateFor Respondent: Ms. U. Mini Chandran, CIT-DR
Section 143(2)Section 147Section 148Section 263

were claimed as subcontracting expenses. The failure of the Ld. AO to ITA No.779/Hyd/2025 10 verify such fundamental evidence clearly renders the order erroneous and prejudicial to the interests of the revenue within the meaning of section 263, read with Explanation 2. Therefore, in our opinion, both the twin conditions

Gajendramurthy Rangappa, Hosur vs. ITO, Ward-1, Hosur

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

ITA 1583/CHNY/2025[2020-21]Status: DisposedITAT Chennai09 Sept 2025AY 2020-21

Bench: S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.1583/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Gajendramurthy Rangappa, Vs. The Income Tax Officer, D. No. 3/207/A-1, Avalapalli, Ward 1, Hosur 635 109. Hosur. [Pan:Bljpg7735F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 04.09.2025 घोषणा की तारीख /Date Of Pronouncement : 09.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.03.2025 Passed By The Ld. Principal Commissioner Of Income Tax – 1, Coimbatore For The Assessment Year 2020-21 Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: NoneFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 115BSection 143(3)Section 144Section 263Section 69A

exercising the provisions of section 263 of the Act, held the said assessment order passed under section 143(3) of the Act is erroneous and prejudicial to the interest of revenue for non- mentioning of provisions of law under section 69A of the Act and taxed the same under ... applicable to the facts on hand. 6. The ld. PCIT, in the impugned order, failed to show the assessment order is erroneous and prejudicial to the interest of Revenue and in my opinion, non-mentioning of provisions of section 69A of the Act in order to 4 I.T.A. No.1583/Chny/25 charge

M/S. City Union Bank, Kumbakonam vs. PCIT, Madurai

In the result, both the appeals for A

ITA 1479/CHNY/2025[2021-22]Status: DisposedITAT Chennai09 Sept 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1478 & 1479/Chny/2025 धनिाारण वर्ा / Assessment Year: 2020-21 & 2021-22 M/S. City Union Bank, Pcit No. 148-149, T.S.R Big Street, Vs. Madurai – 1. Kumbakonam – 621 001. Tamil Nadu. [Pan: Aaacc-1287-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Mr. S. Ananthan, Ca & Ms. R. Lalitha, Ca प्रत्यथी की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit. सुनवाई की तारीख/Date Of Hearing : 28.08.2025 घोर्णा की तारीख/Date Of Pronouncement : 09.09.2025

For Appellant: Mr. S. Ananthan, CA and Ms. R. Lalitha, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 17(2)Section 263Section 36(1)(vii)Section 36(1)(viia)

Assessing Officer. 5. The Learned Principal Commissioner erred in holding that the amount of Rs 38.31 crs allowed by the assessing officer is erroneous and prejudicial to the interest of the revenue. 5.1. The Learned Principal Commissioner erred in not considering the fact the issue has been decided by various ... assessee in the order passed u/s.143(3) r.w.s. 144B of the Act on 12.09.2022. Therefore, the ld.ARs stated that the order is neither erroneous nor prejudicial to the interest of revenue. Further, the ld.ARs drew our attention to the page 17 of the impugned order, wherein the Ld. PCIT

M/S. City Union Bank, Kumbakonam vs. PCIT, Madurai

In the result, both the appeals for A

ITA 1478/CHNY/2025[2020-21]Status: DisposedITAT Chennai09 Sept 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1478 & 1479/Chny/2025 धनिाारण वर्ा / Assessment Year: 2020-21 & 2021-22 M/S. City Union Bank, Pcit No. 148-149, T.S.R Big Street, Vs. Madurai – 1. Kumbakonam – 621 001. Tamil Nadu. [Pan: Aaacc-1287-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Mr. S. Ananthan, Ca & Ms. R. Lalitha, Ca प्रत्यथी की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit. सुनवाई की तारीख/Date Of Hearing : 28.08.2025 घोर्णा की तारीख/Date Of Pronouncement : 09.09.2025

For Appellant: Mr. S. Ananthan, CA and Ms. R. Lalitha, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 17(2)Section 263Section 36(1)(vii)Section 36(1)(viia)

Assessing Officer. 5. The Learned Principal Commissioner erred in holding that the amount of Rs 38.31 crs allowed by the assessing officer is erroneous and prejudicial to the interest of the revenue. 5.1. The Learned Principal Commissioner erred in not considering the fact the issue has been decided by various ... assessee in the order passed u/s.143(3) r.w.s. 144B of the Act on 12.09.2022. Therefore, the ld.ARs stated that the order is neither erroneous nor prejudicial to the interest of revenue. Further, the ld.ARs drew our attention to the page 17 of the impugned order, wherein the Ld. PCIT

Kesar Buildcon Private Limited, Banaskantha vs. The PCIT, Ahmedabad-3, Ahmedabad

Accordingly, we set aside the order passed by the PCIT and restore the assessment order passed by the Assessing Officer. The appeal of the assessee is thus allowed

ITA 790/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad08 Sept 2025AY 2021-22

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2021-2028 Kesar Buildcon Pvt. Ltd. The Ld.Pr.Cit 1St Floor Shri Kesar Cold Vs. Ahmedabad-3 Storage Plot No.B-2 To 9, Rev Survey No.85/2 Paiki Near Hotel Jyoti Vil Banaskantha. Pan : Aabck 4923 E (Applicant) (Responent) : Shri Hem Chhajed, Ar Assessee By : Shri Rignesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 03/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 08/09/2025

For Appellant: Shri Rignesh Das, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 263Section 269S

observed that during the course of assessment proceedings, the Assessing Officer had failed to examine certain issues which rendered the assessment order both erroneous and prejudicial to the interests of the Revenue. The principal issue identified by the PCIT was in respect of the loan transaction of Rs.1 ... Paville Projects Pvt. Ltd. 149 taxmann.com 115, besides other precedents, to emphasise that failure to conduct proper inquiry renders an assessment order erroneous and prejudicial. The PCIT also invoked clause (a) of Explanation 2 to section 263 inserted by the Finance Act, 2015, which deems an order passed without inquiries