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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

Asstt Commissioner of Income Tax, Circle - 1(1), Rajkot vs. Symbosa Granito Private Limited, Wankaner

ITA 806/RJT/2024[2016-17]Status: DisposedITAT Rajkot08 May 2025AY 2016-17

Bench: Dr. Arjun Lal Saini. & Dinesh Mohan Sinhaआयकर अपीलसं./Ita No.806/Rjt/2024 निर्धारणवर्ष / Assessment Year: (2016-17) (Hybrid Hearing) Asstt. Commissioner Of Income Vs. Symbosa Granite Pvt. Limited, Tax, Circle - 1(1), Rajkot Room No. 502,Aaykar Bhavan, Survey No. 125P1/P2,126,131P1/P2/P3, Race Course Road, Village- Matel, Rajkot - 300001 Wankaner- 363621(Gujarat) (Assessee) (Respondent) Assessee By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Sanjay Pungliya, Ld. Cit (Dr) Date Of Hearing : 14/02/2025 Date Of Pronouncement : 08/05/2025 आदेश/ Order Per Bench: Captiond Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2016-17, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax(Appeals), Dated 13.08.2024,Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer, Under Section 143(3) R.W.S. 263 & 144B Of The Income Tax Act, 1961, Vide Order Dated 31.03.2022.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Sanjay Pungliya, Ld. CIT (DR)
Section 139(1)Section 143(3)Section 144BSection 263Section 68

order passed by the assessing officer for the AY 2016-17 on the issues discussed above should not be revised as it is erroneous and prejudicial to the interests of Revenue. In the event of non-compliance, it shall be presumed that you do not have any objection

Mansukhbhai Kanjibhai Kakadiya, Rajkot vs. Pr. CIT-1, Rajkot

In the result, the appeal of the assessee is allowed

ITA 269/RJT/2024[2018-19]Status: DisposedITAT Rajkot08 May 2025AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 269/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2018-19) (Hybrid Hearing) Mansukhbhai Kanjibhai Kakadiya Vs. The Pr. Commissioner Of Prop. Khodiyar Silver Manufacture Income Tax – 1, Rajkot Champak Nagar Chs Ltd., Opp. Pani Aayakar Bhavan, Race Na Ghoda, Pedak Road, Course Ring Road, Rajkot – 360003 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adnpk3148B (Appellant) (Respondent) Appellant By : Shri Rashmin Vekariya, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit(Dr) Date Of Hearing : 18/02/2025 Date Of Pronouncement : 08/05/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm:

For Appellant: Shri Rashmin Vekariya, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 115BSection 133ASection 133A(1)Section 143(3)Section 263Section 69

revenue and satisfied. 7. Hence, the assessment order passed u/s. 143(3) r.w.s. 143(3A) & 143(3B) of the I.T.Act on 17.04.2021 is erroneous and prejudicial to the interest of revenue in terms of Explanation-2(a) to section 263(1) of the I.T.Act. 8. Accordingly, the impugned assessment order ... assessee. The order passed by the Assessing Officer considering the undisclosed excess stock as the business income of the assessee, is not erroneous and prejudicial to the interest of the Revenue. We hold that the order passed by the Ld. PCIT u/s. 263 of the Act is liable