← All Phrases

“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

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 425/CHNY/2025[2018-19]Status: DisposedITAT Chennai03 Jun 2025AY 2018-19

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 424/CHNY/2025[2016-17]Status: DisposedITAT Chennai03 Jun 2025AY 2016-17

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 423/CHNY/2025[2015-16]Status: DisposedITAT Chennai03 Jun 2025AY 2015-16

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 422/CHNY/2025[2014-15]Status: DisposedITAT Chennai03 Jun 2025AY 2014-15

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Perinba Raja Ramesh, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 421/CHNY/2025[2018-19]Status: DisposedITAT Chennai03 Jun 2025AY 2018-19

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Perinba Raja Ramesh, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 420/CHNY/2025[2016-17]Status: DisposedITAT Chennai03 Jun 2025AY 2016-17

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Perinba Raja Ramesh, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 419/CHNY/2025[2015-16]Status: DisposedITAT Chennai03 Jun 2025AY 2015-16

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Perinba Raja Ramesh, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 418/CHNY/2025[2014-15]Status: DisposedITAT Chennai03 Jun 2025AY 2014-15

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

parties from whom loans were borrowed and hence, the ld. PCIT came to the conclusion that the assessment framed by theAO was erroneous and prejudicial to :-7-: ITA. Nos.:418 to 425 /Chny/2025 the interest of the Revenue and thus the plea of the assessee may kindly be dismissed. Therefore ... assessment on the ground that the enquiry was inadequate, then he must make an independent inquiry to demonstrate how the assessment is erroneous and prejudicial. 18. Mere inadequacy of inquiry does not justify revision unless supported by material gathered by the ld.Pr. CIT. If the AO has conducted an enquiry

Sparten Granito Pvt. Ltd, Morvi vs. PCIT Rajkot-1, Rajkot

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 300/RJT/2024[2018-2019]Status: DisposedITAT Rajkot02 Jun 2025AY 2018-2019

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No.300/Rjt/2024 Assessment Year: 2018-19 Sparten Granito P. Ltd. Pr.Commissioner Of बनाम S.No.277/ B/H. Siyaram Granito Incometax-1 Jetpur Road, Rangpar Vs. Rajkot. Morbi. Pan : Aaxcs 7650 J (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri S.N. Soparkar, Sr.Adv-Ar राज"वक"ओरसे/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr सुनवाईक"तार"ख /Date Of Hearing : 03/03/2025 घोषणाक"तार"ख /Date Of Pronouncement : 02/06/2025 Order Per Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Dated 31.03.2024, 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 2018-19.Grievances Raised By The Assessee, Which, Being Interconnected, Will Be Taken Up Together, Are As Follows:

For Appellant: Shri S.N. Soparkar, Sr.Adv-ARFor Respondent: Shri Sanjay Punglia, ld.CIT-DR
Section 143(3)Section 263

follows: 1. Ld. Pr. CIT, Rajkot - 1 erred in law and on facts revising a scrutiny assessment order which is neither erroneous nor prejudicial to the interest of revenue. M/s Sparten Granito P. Ltd. 2 2. This action of Id. Pr. CIT revising an order passed by assessing officer raising ... facts holding that assessment completed without any inquiry on the points for which case was selected for scrutiny as erroneous and prejudicial to the interest of revenue failed to appreciate clear difference between "Lack of inquiry" and "Inadequate inquiry." 4. Ld. Pr. CIT erred in law and on facts invoking