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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

Hemant Fabrics Pvt. Ltd., New Delhi vs. Pr.CIT, Panchkula

The appeal of the assessee is allowed

ITA 206/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh25 Mar 2025AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 206/Chd/2023 निर्धारण वर्ष / Assessment Year: 2018-19 Hemant Fabrics Pvt.Ltd., C-95, Mahendru Enclave, G.T.Karnal Road, New Delhi. Vs The Pcit, Panchkula. स्थायी लेखा सं./Pan No: Aadcm2810N अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By : Shri Ajay Jain, C.A. Revenue By : Shri Rohit Sharma, Cit Dr Date Of Hearing : 05.03.2025 Date Of Pronouncement : 25.03.2025 Per Rajpal Yadav, Vp Hybrid Hearing Order The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (In Short ‘Cit') Dated 22.03.2023 Passed Under Section 263 Of The Income Tax Act, 1961 In Assessment Year 2018-19. 2. The Assessee Has Taken Three Grounds Of Appeal, However Its Grievance Revolves Around A Single Issue Namely

For Appellant: Shri Ajay Jain, C.AFor Respondent: Shri Rohit Sharma, CIT DR
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 263

facts and circumstances of the case. The AO has failed to examine this aspect of the matter which makes the order erroneous and prejudicial to revenue. (c). It is evident from the assessment records that the AO has failed to examine the books of accounts/impounded material during assessment proceedings. Digital ... judge the action of CIT taken under section 263. (i) The CIT must record satisfaction that the order of the AO is erroneous and prejudicial to the interest of the Revenue. Both the conditions must be fulfilled. (ii) Sec. 263 cannot be invoked to correct each and every type

Sri Arumuga Sugars Limited, Coimbatore vs. PCIT, Central - 2, Chennai

The appeal stands allowed in terms of our above order

ITA 1616/CHNY/2024[2015-16]Status: DisposedITAT Chennai25 Mar 2025AY 2015-16

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1616/Chny/2024 (िनधा*रण वष* / Assessment Year: 2015-16) Sri Arumuga Sugars Limited Pcit (Central) बनाम/ 51, Appusamy Layout, Redfields, Chennai-2. Vs. Coimbatore-641 045. "थायीलेखासं./जीआइआरसं./Pan/Tan No. Aancs-4704-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Venkat Raman (Ca) - Ld.Ar ""थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Dr

For Appellant: Shri R. Venkat Raman (CA) - Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. DR
Section 143(2)Section 143(3)Section 147Section 148Section 263

barred by limitation. 2. That the Assessment Order dated 16.02.2022 passed by the Assessing Officer u/s.147 of the Act was neither erroneous nor prejudicial to the interests of the revenue, thus the Ld. PCIT erred in initiating revisionary proceedings u/s.263 of the Act. 3. That the Ld. PCIT erred ... regard to recovery of farmers’ advances. No specific query was raised in this regard and therefore, the assessment order was held to be erroneous and prejudicial to the interest of the revenue u/s 263 and the assessee was show caused. 3.3 The assessee opposed the same on the ground that

Sebco Property Private Limited, Trichy vs. The Principal Commissioner of Income Tax, Central - 2, Chennai

The appeal stands allowed in terms of our above order

ITA 1592/CHNY/2024[2016-17]Status: DisposedITAT Chennai25 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1592/Chny/2024 (िनधा'रणवष' / Assessment Year: 2016-17) M/S Sebco Property Private Limited Pcit (Central) बनाम/ 24D, Mahalakshmi Nagar, Chennai-2. Vs. K.K. Nagar, Trichy-620 021. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaocs-0810-R (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Venkata Raman (Ca) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 23-01-2025 घोषणाकीतारीख /Date Of Pronouncement : 25-03-2025 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 (Central), Chennai-2 (Pr.Cit) For Assessment Year (Ay) 2016-17 Vide Impugned Order Dated 25-03-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S.153A R.W.S. 143(3) Of The Act On 31-03-2022. The Grounds Taken By The Assessee Are As Under: - 1. That The Revision Order Dated 25.03.2024 Passed By The Learned Principal Commissioner Of Income Tax, Central - 2, Chennai ["Ld. Pcit"] U/S. 263 Of The Income-Tax Act, 1961 ["Act"] Is Without Jurisdiction, Bad In Law & Barred By Limitation. 2. That The Assessment Order Dated 31.03.2022 Passed By The Assessing Officer U/S.143(3) R.W.S 153A Of The Act Was Neither Erroneous Nor Prejudicial To The Interests Of The Revenue, Thus The Ld. Pcit Erred In Initiating Revisionary Proceedings U/S.263 Of The Act.

For Appellant: Shri R. Venkata Raman (CA) - Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) - Ld. DR
Section 142(1)Section 143(3)Section 153ASection 263

limitation. 2. That the Assessment Order dated 31.03.2022 passed by the Assessing Officer u/s.143(3) r.w.s 153A of the Act was neither erroneous nor prejudicial to the interests of the revenue, thus the Ld. PCIT erred in initiating revisionary proceedings u/s.263 of the Act. 3. That the Ld. PCIT failed ... maintainable. The return for this year was invalid and the same was not e-verified. Accordingly, the assessment order was held to be erroneous and prejudicial to the interest of the revenue and Ld. AO was directed to modify the same by examining the issue of undervaluation of stock. Aggrieved