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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

Godrej Agrovet Limited, Mumbai vs. Principal Commissioner of Income Tax, Mumbai-6, Mumbai

In the result, the appeal by the assessee is partly allowed

ITA 2223/MUM/2024[2018-2019]Status: DisposedITAT Mumbai20 Mar 2025AY 2018-2019

Bench: Shri Amarjit Singhshri Sandeep Singh Karhailgodrej Agrovet Limited, C/O Kalyaniwalla & Mistry Llp, Esplanade House, 29, Hazarimal Somani Marg, Fort Mumbai, Mumbai – 400079 ……………. Appellant Maharashtra Pan – Aaacg0617Q V/S Principal Commissioner Of Income Tax, Mumbai -6, Room No.51, 5Th Floor, ……………. Respondent Aaykar Bhavan, Maharishi Karve Road, Mumbai - 400020 Maharashtra Assessee By : Shri Percy J. Pardiwalla, Sr. Adv. Shri Jeet Kamdar, Adv. Revenue By : Shri Himanshu Joshi, Sr. Dr Shri Dr. Kishor Dhule, Cit - Dr

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvFor Respondent: Shri Himanshu Joshi, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 14ASection 263Section 32Section 35C

erred in passing the order u/s. 263 of the Act when the assessment order passed under section 143(3) r.w.s. 144B was neither erroneous nor prejudicial to the interest of Revenue. 5. The Pr. Commissioner of Income Tax erred in directing the Assessing Officer to compute the disallowance under section ... Therefore, it was alleged that since the assessment order has resulted in an under-assessment of income, the same is erroneous and prejudicial to the interest of the Revenue and is required to be set aside on the aforementioned issues by invoking the provisions of section