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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

Munir Mahendrakumar Shah, Ellisbridge, Ahmedabad vs. PCIT, Ahmedabad - 1, Ahmedabad

In the result, the appeal filed by the assessee is dismissed

ITA 646/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./Ita No. 646/Ahd/2024 ("नधा"रण वष" / Assessment Year: 2018-19) बनाम/ Munir Mahendrakumar Pcit, Ahmedabad-1, Ahmedabad Shah Vs. 27D, Maharashtra Society, Anmol Mithakali Owners Association, Ellisbridge, Ahmedabad 380006, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Alxps5757N (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Sulabh Padshah, Ar ""यथ" क" ओर से/Respondent By : Shri Prathvi Raj Meena, Cit.Dr

For Appellant: Shri Sulabh Padshah, ARFor Respondent: Shri Prathvi Raj Meena, CIT.DR
Section 143(3)Section 263Section 57

Income Tax Act on the ground that order passed by the A.O. u/s 143(3) of the Act for A.Y: 2018. 19 is erroneous and prejudicial to the interest of revenue. It is submitted that the order passed by the learned A.O. is neither erroneous nor prejudicial to the interest ... held so now.” 4. Shri Sulabh Padshah, the ld. Counsel of the assessee submitted that the order of the AO was neither erroneous and prejudicial to the interest of the Revenue, as the AO had conducted proper enquiries in respect of deduction of interest claimed from the remuneration and interest

Gourishankar Education Society, Satara vs. CIT Exemption, Pune

In the result, the appeal filed by the assessee in ITA

ITA 1235/PUN/2024[2014-15]Status: DisposedITAT Pune10 Jan 2025AY 2014-15

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1234 & 1235/Pun/2024 िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15 Gourishankar Education Vs. Cit, Exemption, Pune. Society, Panchganga Apartment, Opp. Axis Bank, Radhika Road, Satara- 415001. Pan : Aaatg6668A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement 10.01.2025 : आदेश / Order Per Vinay Bhamore, Jm: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 30.03.2024 Passed By Ld. Cit, Exemption, Pune U/S 263 Of The It Act For The Assessment Years 2013-14 & 2014-15 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1234/Pun/2024 For A.Y. 2013-14 For Adjudication.

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amol Khairnar
Section 12ASection 13(2)(a)Section 133ASection 147Section 148Section 263

analogy that the order passed u/s 147 r.w.s 144 r.w.s 144B of the ITA, 1961 dated 16/03/2022 is erroneous and prejudicial to the interest of the revenue. 2. The learned CIT(E), Pune erred in law and on facts in directing the learned AO to frame the assessment 'de novo ... assessment proceedings u/s 147 of the ITA, 1961. As such, the re-assessment order dated 16/03/2022 cannot be said to be erroneous and prejudicial to the interest of the revenue. 4. The learned CIT(E), Pune ought to have appreciated that genuineness of the receipts and claim of expenditure

Gourishankar Education Society, Satara vs. CIT Exemption, Pune

In the result, the appeal filed by the assessee in ITA

ITA 1234/PUN/2024[2013-14]Status: DisposedITAT Pune10 Jan 2025AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1234 & 1235/Pun/2024 िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15 Gourishankar Education Vs. Cit, Exemption, Pune. Society, Panchganga Apartment, Opp. Axis Bank, Radhika Road, Satara- 415001. Pan : Aaatg6668A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement 10.01.2025 : आदेश / Order Per Vinay Bhamore, Jm: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 30.03.2024 Passed By Ld. Cit, Exemption, Pune U/S 263 Of The It Act For The Assessment Years 2013-14 & 2014-15 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1234/Pun/2024 For A.Y. 2013-14 For Adjudication.

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amol Khairnar
Section 12ASection 13(2)(a)Section 133ASection 147Section 148Section 263

analogy that the order passed u/s 147 r.w.s 144 r.w.s 144B of the ITA, 1961 dated 16/03/2022 is erroneous and prejudicial to the interest of the revenue. 2. The learned CIT(E), Pune erred in law and on facts in directing the learned AO to frame the assessment 'de novo ... assessment proceedings u/s 147 of the ITA, 1961. As such, the re-assessment order dated 16/03/2022 cannot be said to be erroneous and prejudicial to the interest of the revenue. 4. The learned CIT(E), Pune ought to have appreciated that genuineness of the receipts and claim of expenditure

Kumar Suman Singh, Patna vs. DCIT, Central Circle-2, Patna

In the result, I.T.A. Nos

ITA 216/PAT/2023[2004-05]Status: DisposedITAT Patna09 Jan 2025AY 2004-05

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.212 To 216/Pat/2023 Assessment Years: 1998-99 & 2001-02 To 2004-05 Kumar Suman Singh………………………..……………………………...……Appellant F-62, P.C. Colony, Kankarbagh, Patna, Bihar – 800020. [Pan: Aihps1976L] Vs. Acit, Central Circle-2, Patna…………....….…......……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Rinku Singh, Cit – Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : January 09, 2025 Order Per Bench: These Appeals Have Been Preferred By The Assessee For Different Assessment Years I.E 1998-99 & 2001-02 To 2004-05 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-3, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In These Appeals Are Mostly Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find That There Is A Delay Of 132 Days In Filing The Instant Appeals. The Assessee Has Submitted Applications For Condonation Of Delay Citing Reasonable Grounds. After Considering The Averments Made In The Applications, We Condone The Delay.

Section 132(1)Section 153ASection 250Section 263

existence of Indrajeet Kumar separately and the assessment made in his hands (even without the filing of return by him) was erroneous and prejudicially to the interest of revenue. Accordingly, the A.O. was directed by him to assess the income of the non- existent Shri Indrajeet Kumar in the hands

Kumar Suman Singh, Patna vs. ACIT, Central Circle-2, Patna

In the result, I.T.A. Nos

ITA 215/PAT/2023[2003-04]Status: DisposedITAT Patna09 Jan 2025AY 2003-04

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.212 To 216/Pat/2023 Assessment Years: 1998-99 & 2001-02 To 2004-05 Kumar Suman Singh………………………..……………………………...……Appellant F-62, P.C. Colony, Kankarbagh, Patna, Bihar – 800020. [Pan: Aihps1976L] Vs. Acit, Central Circle-2, Patna…………....….…......……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Rinku Singh, Cit – Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : January 09, 2025 Order Per Bench: These Appeals Have Been Preferred By The Assessee For Different Assessment Years I.E 1998-99 & 2001-02 To 2004-05 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-3, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In These Appeals Are Mostly Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find That There Is A Delay Of 132 Days In Filing The Instant Appeals. The Assessee Has Submitted Applications For Condonation Of Delay Citing Reasonable Grounds. After Considering The Averments Made In The Applications, We Condone The Delay.

Section 132(1)Section 153ASection 250Section 263

existence of Indrajeet Kumar separately and the assessment made in his hands (even without the filing of return by him) was erroneous and prejudicially to the interest of revenue. Accordingly, the A.O. was directed by him to assess the income of the non- existent Shri Indrajeet Kumar in the hands

Kumar Suman Singh, Patna vs. ACIT Central Circle-2, Patna

In the result, I.T.A. Nos

ITA 212/PAT/2023[1998-99]Status: DisposedITAT Patna09 Jan 2025AY 1998-99

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.212 To 216/Pat/2023 Assessment Years: 1998-99 & 2001-02 To 2004-05 Kumar Suman Singh………………………..……………………………...……Appellant F-62, P.C. Colony, Kankarbagh, Patna, Bihar – 800020. [Pan: Aihps1976L] Vs. Acit, Central Circle-2, Patna…………....….…......……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Rinku Singh, Cit – Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : January 09, 2025 Order Per Bench: These Appeals Have Been Preferred By The Assessee For Different Assessment Years I.E 1998-99 & 2001-02 To 2004-05 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-3, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In These Appeals Are Mostly Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find That There Is A Delay Of 132 Days In Filing The Instant Appeals. The Assessee Has Submitted Applications For Condonation Of Delay Citing Reasonable Grounds. After Considering The Averments Made In The Applications, We Condone The Delay.

Section 132(1)Section 153ASection 250Section 263

existence of Indrajeet Kumar separately and the assessment made in his hands (even without the filing of return by him) was erroneous and prejudicially to the interest of revenue. Accordingly, the A.O. was directed by him to assess the income of the non- existent Shri Indrajeet Kumar in the hands