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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

ACIT, Circle-1(1), Rajkot vs. Khodidas Ganeshbhai Sakariya, Rajkot

In the result, the appeal is allowed

ITA 23/RJT/2024[2015-16]Status: DisposedITAT Rajkot03 Feb 2025AY 2015-16

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No. 23/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2015-16) (Hybrid Hearing) Assistant Commissioner Of Income Vs. Khodidas Ganeshbhai Sakariya Tax, Circle – 1(1), Street No. 2, “Bhumi Krupa”, Room No. 502, Aayakar Bhavan, University Road, Bombay Race Course Ring Road, Housing Society, Rajkot – 360001 Rajkot - 360005 Gujarat Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aiapp6533D (Appellant) (Respondent) Appellant By : Shri Sanjay Punglia, Ld. Cit (Dr) Respondent By : Shri Mehul Ranpura, Ld. Ar Date Of Hearing : 04 /11 /2024 Date Of Pronouncement : 03 / 02 /2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 10.11.2023, Which In Turn Assessment Order Passed U/S. 144 R.W.S. 263 Vide Order Dated 30.03.2022 By Assessment Unit, Income Tax Department / Assessing Officer Of The Income Tax Act, 1961 (In Short “The Act”) 2. Grounds Of Appeal Raised By The Revenue Are As Follows: 1) The Learned Cit(A) Has Erred In Law & On Facts In Quashing Order U/S. 144 R.W.S. 263 Of The Act Dated 30.03.2022 When Departmental Appeal Against The Order Of The

For Appellant: Shri Sanjay Punglia, Ld. CIT (DR)For Respondent: Shri Mehul Ranpura, Ld. AR
Section 143(3)Section 144Section 263Section 54Section 54B

Rajkot has vide order u/s.263 of the Act dated 20.01.2021 alleged that order passed u/s. 143(3) of the Act dated 18.09.2017 is erroneous and prejudicial to the interest of revenue as the AO has not inquired/verified appellant's claim of index cost of acquisition

Amalsad Vibhag Vivish Karyakari Sahkari Khedut Mandli Ltd., Na vs. Arivs.PCIT, Valsad

ITA 491/SRT/2024[2018-19]Status: DisposedITAT Surat03 Feb 2025AY 2018-19

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.491/Srt/2024 Ays: 2018-19 (Physical Court Hearing) Amalsad Vibhag Vividh Principal Commissioner Of Karyakari Sahkari Khedut Income Tax, Valsad, 301/3Rd Vs. Mandli Ltd., At & Po. Floor, Palak Arcade, Shanti Amalsad, Tal. Gandevi, Nagar, Tithal Road, Valsad-396 Dist. Navsari-396 310 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaaa 1043 N (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri P.M Jagasheth, Ca राज" की ओर से /Revenue By Shri Ravi Kant Gupta, Cit-Dr सुनवाई की तारीख/Date Of Hearing 17.12.2024 उद्घोषणा की तारीख/Date Of Pronouncement 03.02.2025

Section 143(3)Section 263Section 57Section 80P

No.491/SRT/2024 /AY 18-19 Amalsad Vibhag Vividh Karyakari Sahkari Khedut Mandli Ltd. Act without pointing out as to how the order is erroneous and prejudicial to interest of revenue. 10. It is therefore prayed that the above proposed proceedings may please be revoked as learned Members of the Tribunal ... required u/s 57 of the Act, resulting in an erroneous assessment. The Ld. PCIT, therefore, found the AO's order to be both erroneous and prejudicial to the interests of revenue, as necessary verification and application of the correct law were not carried out by AO during assessment proceedings

Sshri Kuldip Singh, Chandigarh vs. Pr.CIT-1, Chandigarh

In the result, appeal of Assessee is allowed

ITA 103/CHANDI/2021[2016-17]Status: DisposedITAT Chandigarh30 Jan 2025AY 2016-17

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 103/Chd/2021 "नधा"रण वष" / Assessment Year: 2016-17 Shri Kuldeep Singh, Vs. The Pr. Cit-1, 2010, बनाम Chandigarh Sec 21-C, Chandigarh "थायी लेखा सं./Pan No: Bllps7083L अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Ajay Jain, Ca राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 03.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.01.2025 आदेश/Order Per Paresh M. Joshi, Jm : This Is An Appeal Filed By The Assessee U/S 253 Of The Income Tax Act, 1961 (Herein Referred To As ‘The Act’] Before This Tribunal. The Assessee Is Aggrieved By The Order Bearing No. Itba/Rev/F/ Revs/ 250 /2020-21/1031467646 (1) Dated 14.03.2021 Of Ld. Pcit, Chandigarh-1 Passed U/S 263 Of The Act. The Relevant A.Y.

For Appellant: Shri Ajay Jain, CAFor Respondent: Shri Rohit Sharma, CIT DR
Section 142(1)Section 143(1)Section 143(2)Section 144Section 253Section 263

view of the above facts, the order passed u/s 143(3) of the Income Tax Act, 1961 in your case is erroneous and prejudicial to the interest of the Revenue. You are therefore requested to show cause as to why the aforesaid order of assessment may not be revised under ... view of the above facts, the order passed u/s 143(3) of the Income Tax Act, 1961 in your case is erroneous and prejudicial to the interest of the Revenue. You are therefore requested to show cause as to why the aforesaid order of assessment may not be revised under

Tulsi Reality, Vadodara vs. The Pr. CIT-1, Vadodara

The appeal of the assessee is dismissed

ITA 134/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad30 Jan 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.134/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Tulsi Reality The Pr.Cit-1 बनाम/ G5 Anand Deep Complex Vadodara – 390 007 V/S. Gotri Road (Gujarat) Gotri, Vadodara – 390 021 (Gujarat) "थायी लेखा सं./Pan: Aafft 8908 B (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Ms. Urvashi Shodhan, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 27/01/2025 घोषणा की तारीख /Date Of Pronouncement: 30/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 29.03.2022 Passed By The Ld. Principal Commissioner Of Income Tax, Vadodara-1 (Hereinafter Referred To As "Pcit") Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") For The Assessment Year (Ay) 2017- 18, Setting Aside The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) Of The Act Dated 12.12.2019. Tulsi Reality Vs. The Pr.Cit-1 Asst. Year : 2017-18

For Appellant: Ms. Urvashi Shodhan, ARFor Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 115BSection 131Section 133ASection 142(1)Section 143(2)Section 143(3)Section 263Section 269SSection 271DSection 37(1)

Subsequently, the PCIT invoked the powers under Section 263 of the Act, alleging that the AO's order was erroneous and prejudicial to the interest of revenue. The PCIT observed that the gross value of services provided as per the 360-degree module (CBEC Service Tax Data) was Rs.6 ... PCIT was of the view that the failure of the AO to conduct proper inquiries and verifications rendered the assessment order erroneous and prejudicial to the interest of revenue under Section 263 of the Act. Accordingly, the assessment order passed under Section

Srl Construction Pvt Ltd, Jalna vs. ACIT, Central Circle 2, Aurangabad

In the result, appeal of the assessee is dismissed

ITA 847/PUN/2024[2019-20]Status: DisposedITAT Pune29 Jan 2025AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.847/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Srl Construction Pvt. Ltd., V The Acit, 197, Khasgaon, Jafrabad, S Central Circle-2, Jalna – 444203. Aurangabad. Pan: Aaqcs7227L Appellant/ Assessee Respondent /Revenue Assessee By Shri Prateekjha – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 16/12/2024 Date Of Pronouncement 29/01/2025 आदेश/ Order Per Dr.Dipak P.Ripote, Am : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central)-Nagpur, Passed Under Section 263 Of The Income Tax Act, 1961; Dated 08.03.2024 For A.Y.2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. A) On The Facts & Circumstance Prevailing In The Case & In Law, Honorable Pr. Cit (Central), Nagpur Has Erred In Not Considering The Submission Made By The Appellant In Fair And

Section 143(3)Section 263Section 40A(3)

Assessee filed its reply. After considering the reply filed by Assessee, ld.Principal Commissioner of Income Tax held that Assessment Order for A.Y.2019-20 was erroneous and prejudicial to the interest of the Revenue, hence, the ld.Pr.CIT set-aside the assessment order to the Assessing Officer for de-novo assessment ... amount in view of the provisions of section 40A(3) of the I.T Act, the order dated 30.09.2021 passed by the AO is erroneous and prejudicial to the interest of revenue. ITA No.847/PUN/2024 [A] 4.2 On verification of the Assessment order, it was noticed that there is a discrepancy

Skill Promoters Holding and Leasing Private Limited, Hyderabad vs. DCIT., Central Circle-2(3), Hyderabad

In the result, appeal filed by the assessee is dismissed

ITA 370/HYD/2023[2019-20]Status: DisposedITAT Hyderabad29 Jan 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.370/Hyd/2023 (निर्धारण वर्ा/Assessment Year: 2019-20) M/S Skill Promoters Vs. Pcit (Central) Holding & Leasing Hyderabad Private Limited Hyderabad [Pan : Aascs8012P] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri B.Bala Krishna,Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/01/2025 घोर्णध की तधरीख/Date Of 29/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.06.2023 Of The Learned Principal Commissioner Of Income Tax (Central) (Ld.Pcit), Hyderabad, Pertaining To A.Y.2019-20 On The Following Grounds : 1. The Order Passed U/S 263 Of The Act Dated 23.06.2023 Is Erroneous Both On Facts & In Law. 2. The Ld.Pr.Cit Erred In Holding That The Assessment Order Dated 26.09.2021 Passed U/S 153A Is Erroneous In So 2

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri B.Bala Krishna,CIT-DR
Section 127Section 132Section 143(2)Section 153ASection 263Section 37

material. 5. The Ld.Pr.CIT has grossly erred in passing the revisionary order without satisfying the twin conditions that the order should be both erroneous and prejudicial to the interest of the revenue. 6. The Ld.Pr.CIT erred in passing the revisionary order by forming different opinion from that of the Assessing ... show cause notice, the assessee vide letter dated 16.02.2023 submitted that the assessment order passed by the Assessing Officer is neither erroneous nor prejudicial to the interest of the Revenue, because the Assessing Officer passed the assessment order u/s 153A after necessary approval from Addl.CIT u/s 153D

Penugonda Venkateswara Rao, Tenali vs. Income Tax Officer, Ward-1, Tenali

ITA 222/VIZ/2024[2019-20]Status: DisposedITAT Visakhapatnam28 Jan 2025AY 2019-20

Bench: Shri Duvvuru Rl Reddy, Hon'Ble Vice- & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.T.A.No.222/Viz/2024 (निर्धारण वर्ष/ Assessment Year: 2019-20) Penugonda Venkateswara Rao D.No. 16-3-137 Sri Shanmuka Jewellery Mall Sharoff Bazar, Tenali – 522201 Andhra Pradesh [Pan: Adkpp6347A] (अपीलार्थी/ Appellant) V. Income Tax Officer – Ward -1 Income Tax Office Opp. Sai Baba Temple Bose Road, Tenali – 522201 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement : Shri Gvn Hari, Ar : Dr. Satyasai Rath, Cit(Dr) : 19.12.2024 : 28.01.2025 आदेश /Order Per Shri S Balakrishnan: 1. This Appeal Is Filed By The Assessee Against Order Passed By Learned Principal Commissioner Of Income Tax [Hereinafter “Ld.Pr.Cit"] Vide Din & Order No. Itba/Rev/F/Rev5/2023-24/1063745349(1) Dated 31.03.2024 For The A.Y. 2019-20 Arising Out Of Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (In Short ‘Act') Dated 26.09.2021.

Section 115BSection 133ASection 143(2)Section 143(3)

आयकर अपीलीय अधिकरण, विशाखापटणम पीठ, विशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM श्री दुव्वुरु आरएल रेड्डी