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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

Sai Essen Developers, Pune vs. Principal Commissioner of Income Tax Central Circle 2(4), Pune

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

ITA 821/PUN/2024[2018-19]Status: DisposedITAT Pune08 Sept 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.821/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Sai Essen Developers, Vs. Pcit (Central), Pune. Abc Classic G Block, Midc, Thermex Chowk, Chinchwad, Pune- 411019. Pan : Abrfs7781C Appellant Respondent Assessee By : Shri Rajeev Thakkar Revenue By : Shri Amit Bobde Date Of Hearing : 31.07.2025 Date Of Pronouncement : 08.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Is A Recalled Matter. Vide Order Dated 23.06.2025 In M.A. No.75/Pun/2024 For The Assessment Year 2018-19 Filed Against The Order Of The Tribunal In Ita No.821/Pun/2024 Dated 19.06.2024 (Appeal Filed By The Assessee) Was Recalled To Adjudicate The Issue Afresh. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Income-Tax Act, 1961 ("The Act") It Be Held That The Ld. Principal Commissioner Of Income Tax ("Pcit") Has Erred In Holding That Order Passed By The Learned

For Appellant: Shri Rajeev ThakkarFor Respondent: Shri Amit Bobde
Section 131Section 133ASection 142(1)Section 143(2)Section 143(3)Section 263Section 43CSection 80I

holding that order passed by the Learned 2 Assessing Officer ("Ld. AO) u/s 143(3) of the Act dated 24th June 2021 is erroneous and prejudicial to the interest of the Revenue. The Appellant be granted just and proper relief in this respect. 2. On facts and circumstances prevailing ... margin of 10% for the period under consideration retrospectively and therefore, the order passed by the Assessing Officer cannot be said to be erroneous or prejudicial to the interest of the Revenue. Since the difference in the agreement value and the ready reckoner value is less than 10% of tolerance

Altaf Ayoobbhai Vehvaria, Jamnagar vs. The Principal Commissioner of Income Tax, Jamnagar

In the result, assessee’s appeal ITA No

ITA 27/RJT/2025[2021-22]Status: DisposedITAT Rajkot29 Aug 2025AY 2021-22

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita Nos.26/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Jabir Ayoob Vahevaria Principal Commissioner Of बनाम Plot No.3452 Gidc 3, Dared Income-Tax, Jamnagar, Jamnagar-361 004 ( Gujarat) Vs. Room No.101, 1St Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.:Aeqpv3027C "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) आयकरअपीलसं/.Ita Nos.27/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Altaf Ayoobbhai Vehvaria, Principal Commissioner Of बनाम Prop. Of K A Enterprise, Ground Income-Tax, Floor, Near Alamin Park, Vs. Jamnagar, Room No.101, 1St Vehwaria Madresa, Jamnagar- 361 004 Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.: Aempv7317M "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Cit- Dr

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Sanjay Punglia, CIT- DR
Section 143(3)Section 263Section 69C

erred in law as well as on fact in holding that assessment order passed by Ld.assessing officer u/s 143(3) rws 144B is erroneous and prejudicial to the interest of revenue.” 4. The relevant material facts, as culled out from the material on record, are as follows. The return ... under consideration. ITA No.26-27/Rjt/2025 A.Y.21-22 Jabir A Vahevaria& Altaf A Vehvaria 5 Hence, the order passed by assessing officer cannot be termed as erroneous and prejudicial to the interest of revenue. 8.However, Ld. PCIT rejected the submission of assessee and held that the assessment order passed by the Assessing Officer

Jabir Ayoob Vahevaria, Jamnagar vs. The Principal Commissioner of Income Tax, Jamnagar

In the result, assessee’s appeal ITA No

ITA 26/RJT/2025[2021-22]Status: DisposedITAT Rajkot29 Aug 2025AY 2021-22

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita Nos.26/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Jabir Ayoob Vahevaria Principal Commissioner Of बनाम Plot No.3452 Gidc 3, Dared Income-Tax, Jamnagar, Jamnagar-361 004 ( Gujarat) Vs. Room No.101, 1St Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.:Aeqpv3027C "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) आयकरअपीलसं/.Ita Nos.27/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Altaf Ayoobbhai Vehvaria, Principal Commissioner Of बनाम Prop. Of K A Enterprise, Ground Income-Tax, Floor, Near Alamin Park, Vs. Jamnagar, Room No.101, 1St Vehwaria Madresa, Jamnagar- 361 004 Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.: Aempv7317M "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Cit- Dr

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Sanjay Punglia, CIT- DR
Section 143(3)Section 263Section 69C

erred in law as well as on fact in holding that assessment order passed by Ld.assessing officer u/s 143(3) rws 144B is erroneous and prejudicial to the interest of revenue.” 4. The relevant material facts, as culled out from the material on record, are as follows. The return ... under consideration. ITA No.26-27/Rjt/2025 A.Y.21-22 Jabir A Vahevaria& Altaf A Vehvaria 5 Hence, the order passed by assessing officer cannot be termed as erroneous and prejudicial to the interest of revenue. 8.However, Ld. PCIT rejected the submission of assessee and held that the assessment order passed by the Assessing Officer

Hemant Kumar Tiwari, Tiruppur vs. PCIT, Coimbatore

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

ITA 1404/CHNY/2025[2013-14]Status: DisposedITAT Chennai29 Aug 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1404/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Hemant Kumar Tiwari, Vs. The Income Tax Officer, No. 6, Vinayagapuram 1St Street, Circle 1, 12, Royapuram Main Road, Tiruppur. Tiruppur 641 601. [Pan:Abdpt4540J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunath, C.A. ""थ" की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 28.08.2025 घोषणा की तारीख /Date Of Pronouncement : 29.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.06.2023 Passed By The Ld. Principal Commissioner Of Income Tax-1, Coimbatore For The Assessment Year 2013-14 Under Section 263 Of The Income Tax Act, 1961 (“Act” In Short).

For Appellant: Shri Anandd Babunath, C.AFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 10(38)Section 139Section 139(1)Section 144Section 147Section 263

only based on the report of the DDIT (Inv.), Gurugram, which is not sufficient to assume the order of the Assessing Officer with erroneous and prejudicial to the interest of the Revenue. The ld. AR supported the reasons explained in the affidavit and prayed to condone the delay ... explained in the affidavit. 5. On perusal of the affidavit, we note that the ld. PCIT held the assessment order dated 26.08.2021 is erroneous and prejudicial to the interest of the Revenue vide order dated 21.06.2023 under section 263 of the Act, in pursuance of which, the Assessing Officer passed