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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

Wind Financial Services LLP, Daman & Diu vs. PCIT, Valsad

In the result, the appeal of the assessee is allowed

ITA 502/SRT/2024[2015-16]Status: DisposedITAT Surat21 May 2025AY 2015-16

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.501 & 502/Srt/2024 (Ays: 2014-15 & 2015-16) (Hybrid Hearing) Wind Financial Services Llp, Vs. The Pcit, [Formerly Known Wind Financial Valsad Services Pvt. Ltd.] Shop No.102/A, 436 Sq Feet Built Up, Dabhel, Daman & Diu, Valsad – 396215 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfw6369H (Appellant) (Respondent) Appellant By Shri S. N. Divetia, Ar Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 12/03/2025 Date Of Pronouncement 21/05/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: These Appeals By The Assessee Emanate From The Orders Passed Under Section 263 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) By The Learned Principal Commissioner Of Income Tax, Valsad [In Short, ‘Ld. Pcit’], Dated 16.03.2024 For Assessment Years (Ays) 2014-15 & 2015-16. Since Facts Of The Cases & The Grounds Taken Up In The Appeals Are Similar Except Variation In The Amount, These Appeals Were Heard Together & A Common Order Is Passed For The Sake Of Convenience & Brevity. Ita No. 501/Srt/2024 Is Taken As The ‘Lead Case’.

Section 142(1)Section 143(3)Section 147Section 148Section 263

A.Y.2014-15 by Pr. CIT Valsad setting aside the order of AO u/s 147 r.w.s. 144B on 25.03.2022 as erroneous and prejudicial to the interest of Revenue is wholly illegal, unlawful and against the principles of natural justice. 1.2 The Ld. Pr. CIT has grievously erred ... grievously erred in law and on facts in holding that the assessment order passed u/s 147 r.w.s. 144B on 25.03.2022 by AO was erroneous and prejudicial to the interest of Revenue so that action of revision u/s 263 was justified. 2.2 The Id. Pr. CIT has erred

Wind Financial Services LLP, Daman & Diu vs. PCIT, Valsad

In the result, the appeal of the assessee is allowed

ITA 501/SRT/2024[2014-15]Status: DisposedITAT Surat21 May 2025AY 2014-15

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.501 & 502/Srt/2024 (Ays: 2014-15 & 2015-16) (Hybrid Hearing) Wind Financial Services Llp, Vs. The Pcit, [Formerly Known Wind Financial Valsad Services Pvt. Ltd.] Shop No.102/A, 436 Sq Feet Built Up, Dabhel, Daman & Diu, Valsad – 396215 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfw6369H (Appellant) (Respondent) Appellant By Shri S. N. Divetia, Ar Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 12/03/2025 Date Of Pronouncement 21/05/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: These Appeals By The Assessee Emanate From The Orders Passed Under Section 263 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) By The Learned Principal Commissioner Of Income Tax, Valsad [In Short, ‘Ld. Pcit’], Dated 16.03.2024 For Assessment Years (Ays) 2014-15 & 2015-16. Since Facts Of The Cases & The Grounds Taken Up In The Appeals Are Similar Except Variation In The Amount, These Appeals Were Heard Together & A Common Order Is Passed For The Sake Of Convenience & Brevity. Ita No. 501/Srt/2024 Is Taken As The ‘Lead Case’.

Section 142(1)Section 143(3)Section 147Section 148Section 263

A.Y.2014-15 by Pr. CIT Valsad setting aside the order of AO u/s 147 r.w.s. 144B on 25.03.2022 as erroneous and prejudicial to the interest of Revenue is wholly illegal, unlawful and against the principles of natural justice. 1.2 The Ld. Pr. CIT has grievously erred ... grievously erred in law and on facts in holding that the assessment order passed u/s 147 r.w.s. 144B on 25.03.2022 by AO was erroneous and prejudicial to the interest of Revenue so that action of revision u/s 263 was justified. 2.2 The Id. Pr. CIT has erred

Subhash Chander, Hisar vs. Principal Commissioner of Income Tax, Rohtak

In the result, appeal of the assessee is allowed

ITA 2356/DEL/2024[2019-20]Status: DisposedITAT Delhi21 May 2025AY 2019-20

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 2356/Del/2024 : Asstt. Year : 2019-20 Subhash Chander, Vs Pcit, House No. 1476, Vivek Nagar, Rohtak, Hisar, Haryana-125001 Haryana-124001 (Appellant) (Respondent) Pan No. Axlpc0177G Assessee By : Sh. Kuldip Khera, Ca Revenue By : Sh. Jitender Singh, Cit-Dr Date Of Hearing: 21.05.2025 Date Of Pronouncement: 21.05.2025 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2019-20, Arises Against The Pcit, Rohtak’S Din & Order No. Itba/Rev/F/Rev5/2023–24/1062890142(1) Dated 19.03.2024, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Kuldip Khera, CAFor Respondent: Sh. Jitender Singh, CIT-DR
Section 10(37)Section 142(1)Section 143Section 143(1)(a)Section 143(2)Section 143(3)Section 263Section 28Section 56(2)(viii)Section 57

powers vested in him under section 263 of the Act, the Ld. PCIT held the impugned order of the Ld. AO as erroneous and prejudicial to the interest of Revenue. According to Ld. PCIT, the Ld. AO should have taken into consideration, the binding decision of Hon'ble Jurisdictional High ... appeal before the Tribunal and all the grounds relate thereto. 6. The Ld. AR submitted that the assessment order was neither erroneous nor prejudicial to the interest of Revenue because (i) the Ld. AO has passed the order after making proper enquiries during assessment proceedings; (ii) the Ld. PCIT

Ushasree Bandaru, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeals filed by the assessee are allowed

ITA 529/HYD/2024[2016-17]Status: DisposedITAT Hyderabad20 May 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.528/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Satyasree Kamineni Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adopk6338C] Circle-5(1) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.529/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Ushasree Bandaru Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Acepb2973M] Circle-5(1) Hyderabad निर्धाररती द्वधरध/Assessee By: Shri K.C.Devdas, Ar रधजस् व द्वधरध/Revenue By: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 01/05/2025 घोर्णध की तधरीख/ 21/05/2025 Date Of Pronouncement: आदेश / Order Per Vijay Pal Rao: These Two Appeals Filed By The Two Related Assessees Are Directed Against Two Separate Orders Of Principal Commissioner Of Income Tax (“Ld.Pcit”) Both Dated 26.03.2024 Passed U/S 263 The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. Identical Grounds Have Been Raised By Both The Assessees. The Grounds Raised In The Ita No.528/Hyd/2024 Are Reproduced As Under :

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 147Section 148Section 263Section 56(2)(vii)

short – Hon.PCIT-Hyd-4], failed to notice that the order passed by the assessing officer under section 147 r.w.s. 144B was neither erroneous nor prejudicial to the interest of the revenue, as the assessing officer has fully applied his mind in respect of the query of subscription to Fresh issue ... judgement of Hon’ble High Courts as well as by this Tribunal, then the order of AO cannot be held as erroneous and prejudicial to the interest of the Revenue. Accordingly, the impugned order passed by the Ld.PCIT is not sustainable in law and the same is liable

Satyasree Kamineni, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeals filed by the assessee are allowed

ITA 528/HYD/2024[A.Y.2016-17]Status: DisposedITAT Hyderabad20 May 2025

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.528/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Satyasree Kamineni Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adopk6338C] Circle-5(1) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.529/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Ushasree Bandaru Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Acepb2973M] Circle-5(1) Hyderabad निर्धाररती द्वधरध/Assessee By: Shri K.C.Devdas, Ar रधजस् व द्वधरध/Revenue By: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 01/05/2025 घोर्णध की तधरीख/ 21/05/2025 Date Of Pronouncement: आदेश / Order Per Vijay Pal Rao: These Two Appeals Filed By The Two Related Assessees Are Directed Against Two Separate Orders Of Principal Commissioner Of Income Tax (“Ld.Pcit”) Both Dated 26.03.2024 Passed U/S 263 The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. Identical Grounds Have Been Raised By Both The Assessees. The Grounds Raised In The Ita No.528/Hyd/2024 Are Reproduced As Under :

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 147Section 148Section 263Section 56(2)(vii)

short – Hon.PCIT-Hyd-4], failed to notice that the order passed by the assessing officer under section 147 r.w.s. 144B was neither erroneous nor prejudicial to the interest of the revenue, as the assessing officer has fully applied his mind in respect of the query of subscription to Fresh issue ... judgement of Hon’ble High Courts as well as by this Tribunal, then the order of AO cannot be held as erroneous and prejudicial to the interest of the Revenue. Accordingly, the impugned order passed by the Ld.PCIT is not sustainable in law and the same is liable