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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

Kunjan Jagdishchandra Sedani, Jamangar vs. Principal Commissioner of Income Tax, Jamnagar

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

ITA 197/RJT/2025[2015-2016]Status: DisposedITAT Rajkot25 Aug 2025AY 2015-2016

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.197/Rjt/2025 "नधा"रणवष" / Assessment Year: (2015-16) (Hybrid Hearing) Kunjan Jagdishchandra Sedani Principal Commissioner Of Vs. 18B, Parikunj, Mahavir Society, Income Tax, Jamnagar Room No. 101, 1St Floor Aayakar Bedi Bunder Road, Jamnagar- 361008 Bhavan, Nr. Subhash Bridge, Jamnagar-361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Erips2050H (Assessee) (Respondent) Assessee By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Praveen Verma, Ld. Cit(Dr) Date Of Hearing : 23/06/2025 Date Of Pronouncement : 25/08/2025 आदेश / O R D E R Dr. Arjun Lal Saini, Am By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Dated 21.02.2025 Passed By The Learned Principal Commissioner Of Income-Tax (In Short “Ld Pcit”), Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As 'The Act'), For The Assessment Year 2015- 16.Grievances Raised By The Assessee, Which, Being Interconnected, Will Be Taken Up Together, Are As Follows: 1. Hon'Ble Pr. Cit, Jamnagar Has Erred In Law & In Facts In Setting-Aside The Order Passed By The Assessing Officer Under Section 147 R W.S. 144B Of The Income-Tax Act, 1961 By Invoking The Provisions Of Section 263 Of The Income-Tax Act, 1961 Even When The Order As Passed By The Assessing Officer Was Neither Erroneous Nor Prejudicial To The Interests Of The Revenue. 2. Hon'Ble Pr. Cit, Jamnagar Erred In Law & In Facts By Setting-Aside The Order Passed By The Assessing Officer Under Section 147 R.W.S. 144B Of The Income-Tax Act, Kunjan Jagdishchandra Sedani

For Appellant: Shri Dushyant Maharshi, Ld. ARFor Respondent: Shri Praveen Verma, Ld. CIT(DR)
Section 147Section 263Section 68Section 69A

provisions of section 263 of the Income-tax Act, 1961 even when the order as passed by the assessing officer was neither erroneous nor prejudicial to the interests of the revenue. 2. Hon'ble Pr. CIT, Jamnagar erred in law and in facts by setting-aside the order passed ... unsecured loan of Rs. Kunjan Jagdishchandra Sedani, 45,00,000/-, and thus the order passed by the assessing officer appears to be erroneous and prejudicial to the interests of the revenue. The assessing officer failed to conduct any verification or inquiry to ascertain the genuineness of these transactions, despite

Priya Construction, Namakkal vs. DCIT, Central Circle, Salem

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

ITA 1200/CHNY/2025[2020-21]Status: DisposedITAT Chennai25 Aug 2025AY 2020-21

Bench: Shri George George Kand Shri Amitabh Shuklaआयकर अपील सं./Ita No.: 1200/Chny/2025 िनधा"रण वष"/Assessment Year:2020-21 M/S. Priya Construction, The Deputy Commissioner 1/8, Senthilagam, Vs. Of Income Tax, Kadachanallur, Central Circle, Pallipalayam Post, Salem. Iyenthupanai, Tiruchengode Tk, Namakkal – 638 008. Pan: Aahfp 8616N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Bhupendran, Advocate ""यथ" क" ओर से/Respondent By : Shri Bipin C.N., Cit सुनवाई क" तारीख/Date Of Hearing : 13.08.2025 घोषणा क" तारीख/Date Of Pronouncement : 25.08.2025

For Appellant: Shri S. Bhupendran, AdvocateFor Respondent: Shri Bipin C.N., CIT
Section 133ASection 143(3)Section 263

proceeding under Section 263 of the Act. 4) Without prejudice, the Ld. PCIT erred in not clearly pointing out as to what was erroneous and prejudicial to the interest of Revenue and in holding that the AO had to consider the assessment afresh after verifying the facts, simply by relying ... brought to tax, which has resulted in short levy of tax. 6. In these circumstances the assessment order passed by the AO is erroneous and prejudicial to the interest of the revenue. Hence, the assessment order is liable to be set aside u/s.263 of the Income

Satya Venkata Krishna Ravi Prasad Koduri, Rajahmundry vs. ACIT, Circle - 1, Rajahmundry

ITA 294/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam22 Aug 2025AY 2019-20

Bench: Shri Ravish Sood, Hon'Ble & Shri S Balakrishnan, Hon'Bleआईटीए. नं. / Ita Nos. 290 & 291/Viz/2025 निर्धारण वर्ष/ Assessment Years:2018-19 & 2019-20) Veera Venkata Ramakrishna Mohana Rao Koduri Flat No. 201, Sri Towers Nh-16 Venkateswara Nagar Syamalanagar East Godavari District - 533103 Andhra Pradesh V. Acit - Circle – 1 Ayakkar Bhawan Veerabadhrapuram Rajahmundry – 533105 Andhra Pradesh [Pan:Afrpk0888C] (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) आईटीए. नं. / Ita Nos. 293 & 294/Viz/2025 निर्धारणवर्ष/ Assessment Years:2018-19 & 2019-20) Satya Venkata Krishna Ravi Prasad Koduri 81-10-3/6, Venkateswaranagar Near Ima Halla, Danavaipeta East Godavari District Andhra Pradesh V. Acit - Circle – 1 Ayakkar Bhawan Veerabadhrapuram Rajahmundry - 533105 Andhra Pradesh [Pan:Afrpk0889D] (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement Smt Hemalatha K, Ca Shri Badicala Yadagiri, Cit(Dr) 05.08.2025 22.08.2025

Section 132Section 143(2)Section 153CSection 263Section 270A

Thus, he considered the assessment order for the A.Y.2018-19 passed under section 153C of the Act on 27.09.2022, prima facie to be erroneous and prejudicial to the interest of the revenue. Thereafter he issued a show-cause notice to the assessee to submit any representation along with supporting documents ... proceedings. After considering the information furnished by the assessee, the Ld.Pr.CIT by placing reliance on various judicial precedents considered the assessment order as erroneous and prejudicial to the interest of the revenue thereby set-aside the assessment order by directing the Ld. AO to initiate the penalty proceedings under section

Veera Venkata Ramakrishna Mohan Rao Koduri, East Godhavari vs. ACIT, Cirlce - 1, Rajahmundry

In the result, appeal filed by the assessee is allowed

ITA 291/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam22 Aug 2025AY 2019-20

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita Nos. 290 & 291/Viz/2025 निर्धारण वर्ा/ Assessment Years:2018-19 & 2019-20) Veera Venkata Ramakrishna V. Acit – Circle – 1 Mohana Rao Koduri Ayakkar Bhawan Flat No. 201, Sri Towers Nh-16 Veerabadhrapuram Venkateswara Nagar Rajahmundry – 533105 Syamalanagar Andhra Pradesh East Godavari District - 533103 Andhra Pradesh [Pan:Afrpk0888C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आईटीए. नं. / Ita Nos. 293 & 294/Viz/2025 निर्धारणवर्ा/ Assessment Years:2018-19 & 2019-20) Satya Venkata Krishna Ravi V. Acit – Circle – 1 Prasad Koduri Ayakkar Bhawan 81-10-3/6, Venkateswaranagar Veerabadhrapuram Near Ima Halla, Danavaipeta Rajahmundry – 533105 East Godavari District Andhra Pradesh Andhra Pradesh [Pan:Afrpk0889D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt Hemalatha K, Ca राजस्व का प्रतततितित्व/ Department Represented By : Shri Badicala Yadagiri, Cit(Dr)

Section 132Section 143(2)Section 153Section 153CSection 263Section 270A

Thus, he considered the assessment order for the A.Y.2018-19 passed under section 153C of the Act on 27.09.2022, prima facie to be erroneous and prejudicial to the interest of the revenue. Thereafter he issued a show-cause notice to the assessee to submit any representation along with supporting documents ... proceedings. After considering the information furnished by the assessee, the Ld.Pr.CIT by placing reliance on various judicial precedents considered the assessment order as erroneous and prejudicial to the interest of the revenue thereby set-aside the assessment order by directing the Ld. AO to initiate the penalty proceedings under section

Veera Venkata Ramakrishna Mohana Rao Koduri, Rajahmundry vs. ACIT, Circle - 1, Rajahmundry

In the result, appeal filed by the assessee is allowed

ITA 290/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam22 Aug 2025AY 2018-19

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita Nos. 290 & 291/Viz/2025 निर्धारण वर्ा/ Assessment Years:2018-19 & 2019-20) Veera Venkata Ramakrishna V. Acit – Circle – 1 Mohana Rao Koduri Ayakkar Bhawan Flat No. 201, Sri Towers Nh-16 Veerabadhrapuram Venkateswara Nagar Rajahmundry – 533105 Syamalanagar Andhra Pradesh East Godavari District - 533103 Andhra Pradesh [Pan:Afrpk0888C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आईटीए. नं. / Ita Nos. 293 & 294/Viz/2025 निर्धारणवर्ा/ Assessment Years:2018-19 & 2019-20) Satya Venkata Krishna Ravi V. Acit – Circle – 1 Prasad Koduri Ayakkar Bhawan 81-10-3/6, Venkateswaranagar Veerabadhrapuram Near Ima Halla, Danavaipeta Rajahmundry – 533105 East Godavari District Andhra Pradesh Andhra Pradesh [Pan:Afrpk0889D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt Hemalatha K, Ca राजस्व का प्रतततितित्व/ Department Represented By : Shri Badicala Yadagiri, Cit(Dr)

Section 132Section 143(2)Section 153Section 153CSection 263Section 270A

Thus, he considered the assessment order for the A.Y.2018-19 passed under section 153C of the Act on 27.09.2022, prima facie to be erroneous and prejudicial to the interest of the revenue. Thereafter he issued a show-cause notice to the assessee to submit any representation along with supporting documents ... proceedings. After considering the information furnished by the assessee, the Ld.Pr.CIT by placing reliance on various judicial precedents considered the assessment order as erroneous and prejudicial to the interest of the revenue thereby set-aside the assessment order by directing the Ld. AO to initiate the penalty proceedings under section