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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

Income Tax Officer, Ward-1, Jalna, Income Tax Office vs. The Beed District Central Co-Op. Bank Ltd., Beed

In the result, the appeal of the Revenue in ITA No

ITA 802/PUN/2024[2015-16]Status: DisposedITAT Pune21 Feb 2025AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.800, 801 & 802/Pun/2024 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15 & 2015-16 Income Tax Officer, Ward - 1, Jalna अपीलार्थी / Appellant The Beed District Central Co-Op. Bank Ltd., Rajuri Ves, Beed – 431122, Vs. Maharashtra Pan : Aaaat5256C Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Shri Shubham N. Rathi Shri Amol Khairnar 02-12-2024 21-02-2025 प्रत्यर्थी / Respondent Per Astha Chandra, Jm : आदेश / Order These Three Appeals Filed By The Revenue Are Directed Against The Three Separate Orders All Dated 28.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2013-14, 2014-15 & 2015-16 Respectively. Since The Issue(S) Involved Are Identical, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Department byFor Respondent: Date of hearing
Section 143(1)Section 143(2)Section 143(3)Section 263Section 43BSection 43D

been disallowed." 2.1 The Ld. Pr. CIT therefore invoked the provisions of section 263 of the Act holding that the impugned assessment is erroneous and prejudicial to the interest of the revenue. Statutory notice u/s 143(2) of the Act was duly issued and served upon the assessee. During

Income Tax Officer, Ward-1, Jalna, Income Tax Office vs. The Beed District Central Co-Op. Bank Ltd., Beed

In the result, the appeal of the Revenue in ITA No

ITA 800/PUN/2024[2013-14]Status: DisposedITAT Pune21 Feb 2025AY 2013-14

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.800, 801 & 802/Pun/2024 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15 & 2015-16 Income Tax Officer, Ward - 1, Jalna Vs. अपीलार्थी / Appellant The Beed District Central Co-Op. Bank Ltd., Rajuri Ves, Beed – 431122, Maharashtra Pan : Aaaat5256C प्रत्यर्थी / Respondent Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Shri Shubham N. Rathi Shri Amol Khairnar 02-12-2024 21-02-2025 Per Astha Chandra, Jm : आदेश / Order These Three Appeals Filed By The Revenue Are Directed Against The Three Separate Orders All Dated 28.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2013-14, 2014-15 & 2015-16 Respectively. Since The Issue(S) Involved Are Identical, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Department byFor Respondent: Date of hearing
Section 143(1)Section 143(2)Section 143(3)Section 263Section 43BSection 43D

been disallowed." 2.1 The Ld. Pr. CIT therefore invoked the provisions of section 263 of the Act holding that the impugned assessment is erroneous and prejudicial to the interest of the revenue. Statutory notice u/s 143(2) of the Act was duly issued and served upon the assessee. During

Koppula Sita Rama Swamy, Dandagara vs. The Principal Commissioner of Incometax, Visakhapatnam

In the result, appeal of the assessee is allowed

ITA 115/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam20 Feb 2025AY 2017-18

Bench: Shrik Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./ I.T.A. 115/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) Koppula Sita Rama Swamy, Vs. The Principal Commissioner Dandagara, Tadepalligudem Mandal, Of Income Tax-1, West Godavari Dist, Visakhapatnam. Andhra Pradesh-534145. Pan: Bcepk5129B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri Gvn Hari, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 142(1)Section 147Section 148Section 263Section 69A

assessee. 3. Thereafter, the Ld. PCIT, on verification of the assessment records found that the order of the Ld. AO is erroneous and prejudicial to the interests of Revenue due to the fact that no enquiry or verification has been made by the Ld. AO while estimating the income ... furnish the basic information as detailed in para 8 of the order. Therefore, he treated the assessment order of the Ld. AO as erroneous and prejudicial to the interests of the Revenue in the absence of any corroborative evidence filed by the assessee and thereafter, directed

Shree Raviraj Pashankar Developers, Pune vs. PCIT, Pune-4, Pune

In the result, appeal of the Assessee is allowed

ITA 1201/PUN/2024[2018-19]Status: DisposedITAT Pune20 Feb 2025AY 2018-19

Bench: Dr.Manish Borad & Ms.Astha Chandraआयकर अपील सं. / Ita No.1201/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Shree Raviraj Pashankar V The Principal Developers, S Commissioner Of Income Office No.1 To 5 Millenium Tax, Pune-4. Star, Dhole Patil Road, Near Ruby Hall, Pune – 411001. Pan: Aalas6505J Appellant / Assessee Respondent / Revenue Assessee By Shri Rajiv Thakkar & Shri Neelesh Khandelwal – Ar(S) Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 10/02/2025 Date Of Pronouncement 20/02/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-4, Under Section 263 Of The Income Tax Act, 1961 Dated 26.03.2024 For

Section 142(1)Section 143(2)Section 143(3)Section 263Section 43B

holding that order passed by the Learned Assessing Officer ("Ld. AO) u/s 143(3) of the Act dated 12th April, 2021 is erroneous and prejudicial to the interest of the Revenue. The Appellant be granted just and proper relief in this respect. 2. On facts and circumstances prevailing ... assessee is that ld.Pr.CIT erred in assuming jurisdiction under section 263 of the Act and also erred in holding the assessment order as erroneous and prejudicial to the interest of the Revenue. ITA No.1201/PUN/2024 [A] Facts in brief : 3. Assessee is an Association of Persons(AOP) and declared income