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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

Mukul Malhotra, Ludhiana vs. Pr.CIT--1, Ludhiana

The appeal stands dismissed

ITA 105/CHANDI/2021[2011-12]Status: DisposedITAT Chandigarh08 Jul 2025AY 2011-12

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 105/Chandi/2021 (िनधा"रणवष" / Assessmentyear: 2011-12) Shri Mukul Malhotra Pr. Cit-1 (Prop. M/S Shree Pitambra Alloys) Ludhiana. बनाम/ Vs. 108-C Miller Ganj Ludhiana-141003. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ayspm-3774-D (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : None ""थ"कीओरसे/Respondentby : Sh. Rajat Kumar Kureel (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 03-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 08-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. By Way Of This Appeal, The Assessee Assails Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Commissioner Of Income Tax, Ludhiana-1 (Pr.Cit) For Assessment Year (Ay) 2011-12 Vide Impugned Order Dated 29-03-2021 Proposing Revision Of Assessment As Framed By Ld. Ao U/S.143(3) R.W.S. 147 Of The Act On 10-12-2018. At The Time Of Hearing, None Appeared For Assessee. The Perusal Of Order Sheet Entries Would Reveal That None Is Appearing For Assessee Since Past

For Appellant: NoneFor Respondent: Sh. Rajat Kumar Kureel (CIT) – Ld. DR
Section 143(3)Section 263Section 40A(3)

Accordingly, the assessee was show-caused. Though the assessee opposed revision of the order, Ld. Pr. CIT held that the order was erroneous and prejudicial to the interest of the revenue. The Ld. AO was directed to pass a fresh order considering the points raised in the revisionary order. Aggrieved

Yogeshkumar Harishbhai Mali, Surat vs. PCIT, Surat-1, Surat

In the result, appeal of the assessee is allowed

ITA 420/SRT/2024[2014-15]Status: DisposedITAT Surat07 Jul 2025AY 2014-15

Bench: Ms Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.420/Srt/2024 Assessment Year: (2014-15) (Hybrid Hearing) Yogeshkumar Harishbhai Mali, Principal Commissioner Of बनाम/ 117, Khambhati Panchni Waid Income-Tax, Surat-1, Income Tax Vs. Rustompura, Surat - 395002 Office, 123, 1Stfloor, Aaykar Bhavan, Majura Gate, Surat- 395001 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Abdpm 3296 L (अपीलाथ"/Appellant) (प्र"थ" /Respondent) िनधा"रती की ओर से / Appellant By Shri Sapnesh R Sheth, Ca राज" की ओर से /Respondent By Shri Aashish Pophare, Cit-Dr सुनवाई की तारीख/Date Of Hearing 04/06/2025 उद्घोषणा की तारीख/Date Of Pronouncement 07/07/2025

Section 114BSection 115BSection 147Section 148Section 263Section 69A

r.w.s. 144 read with section 114B of the I.T.Act, 1961 dated 28.03.2022 for the year under consideration although said order is neither erroneous nor prejudicial to the interest of revenue. ITA No.420/SRT/2024/AY.2014-15 Yogeshkumar Harishbhai Mali 2. On the facts and circumstances of the case as well ... alleged amount of Rs.3,00,00,000/- no further addition was needed. Hence, the order passed by the AO cannot be considered as erroneous and prejudicial to the interests of revenue u/s 263 of the Act. 6. On the other hand, learned Commissioner of Income-tax – Departmental Representative