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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

Neeta Ganpatbhai Dabhi, Ahmedabad vs. The PCIT, Ahmedabad-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1158/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad03 Jan 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1158/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Neeta Ganpatbhai Dabhi The Pr. Cit 1431/9, Ganesh No Delo, Ahmedabad-1 Vs. Dariyapur Gate, Aaykar Bhawan, Shahibaugh, Ahmedabad - Anandnagar – 380004 Prahladnagar Road, Ahmedabad - 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Btlpd3342P (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Astha Maniar, A.R. ""यथ" क" ओर से/Respondent By : Shri A. P. Singh, Cit. Dr Date Of Hearing 19/12/2024 03/01/2025 Date Of Pronouncement

For Appellant: Ms. Astha Maniar, A.RFor Respondent: Shri A. P. Singh, CIT. DR
Section 147Section 263

accommodation entries, for which the case was reopened u/s.147 of the Act. He, therefore, held that the order of the AO was erroneous and prejudicial to the interest of the revenue and, therefore, passed the impugned order u/s.263 of the Act. 3. Aggrieved with the order of the Ld. PCIT ... duly examined in the course of assessment proceedings, the Ld. PCIT was not correct in holding that the order of the AO was erroneous and prejudicial to the interest of the revenue. 5. Per contra, Shri A. P. Singh, the Ld. CIT. DR. supported the order of the Ld. PCIT

Sagar Jewellers, Porbandar vs. DCIT, Circle-2(1), Jamnagar

In the result, the appeal of the assessee is allowed

ITA 222/RJT/2024[2019-2020]Status: DisposedITAT Rajkot01 Jan 2025AY 2019-2020

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.222/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2019-20) (Hybrid Hearing) Sagar Jewellers Vs. Dcit Zaveri Bazar, Porbandar, Gujarat Circle-2(1), Jamnagar 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adbfs5410L (Assessee) (Respondent) Assessee By : Shri K. C. Thaker, Ar Respondent By : Shri Sanjay Punglia, Cit.Dr Date Of Hearing : 01/10/2024 Date Of Pronouncement : 01/01/2025 आदेश / O R D E R Per Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Principal Commissioner Of Income Tax (In Short ‘The Pcit’), Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 21.02.2024, For The Assessment Year (In Short ‘A.Y.’) 2019-20. 2. The Grievances Raised By The Assessee Are As Follows:

For Appellant: Shri K. C. Thaker, ARFor Respondent: Shri Sanjay Punglia, CIT.DR
Section 115BSection 133ASection 143(3)Section 263Section 69

views are possible and assessing officer has taken one view with which the Commissioner does not agree, it cannot be treated as an erroneous order prejudicial to the interest of the Revenue. Kindly refer Malabar Industrial Co. Ltd. v/s CIT (2000) 243 ITR 83 (SC). Here in the instant case ... regular business income at normal rates. Hence as per the above pronouncement of court this order can not be said to be erroneous and prejudicial to interest of revenue. Further When due verification and examination of records made, the order can not be said to be erroneous. ITA No. 222/RJT/2024

Sanguine Media Limited, Chennai vs. PCIT-3, Chennai

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

ITA 936/CHNY/2024[2017-18]Status: DisposedITAT Chennai01 Jan 2025AY 2017-18

Bench: Shri George George Kand Shri Jagadishआयकर अपील सं./Ita No.: 936/Chny/2024 िनधा"रण वष"/Assessment Year:2017-18 Sanguine Media Ltd., The Principal Commissioner Plot No.135A, 1St Floor, Vs. Of Income Tax - 3, Chandran Nagar Main Road, Chennai. Chrompet, Chennai – 600 044. Pan: Aaecs 2217C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Neeraj Mangla, Ca (Through Virtual Mode) ""यथ" क" ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 18.12.2024 घोषणा क" तारीख/Date Of Pronouncement : 01.01.2025

For Appellant: Shri Neeraj Mangla, CAFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 143(3)Section 147Section 148Section 263

reassessment order passed by Ld.AO u/s 147 of the Act to be passed without necessary enquiries and verification and thus, to be erroneous and prejudicial to the interest of revenue.” 3. Brief facts of the case are as follows:- The assessee is a company. For the assessment year ... from Shri Jignesh Shah. The PCIT was of the view that the reassessment order passed u/s.147 r.w.s.144B of the Act dated 30.03.2022 was erroneous and prejudicial to the interest of Revenue in terms of clause (a) of Explanation 2 under sub-section (1) of section

Sh. Tarun Mathur, Chandigarh vs. PCIT, Chandigarh-1, Chandigarh

In the result, the Assessee’s appeals on this issue is allowed

ITA 333/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh31 Dec 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 333/Chd/2023 "नधा"रण वष" / Assessment Year : 2018-19 Tarun Mathur बनाम The Pcit-1, 764, Sector 8-B, Chandigarh Chandigarh "थायी लेखा सं./Pan No: Amtpm7113P अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : Shri A.K. Jindal, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr & Shri K Mehboob Ali Khan, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 27.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 31.12.2024 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 28.03.2023 Passed By Principal Commissioner Of Income Tax, Chandigarh-1 (Herein Referred To As ‘ Pcit’ ] U/S 263 For A.Y. 2018-19. 2. Grounds Of Appeal Are As Under:-

For Appellant: Shri A.K. Jindal, CAFor Respondent: Smt. Kusum Bansal, CIT DR and Shri K Mehboob Ali Khan, CIT DR
Section 10Section 154Section 199Section 263

PCIT has erred in law and facts of the case in holding that the order passed u/s 154 r.w.s 143(1) is erroneous and prejudicial to the interest of revenue which is highly unjustified and uncalled for. 3. That the Ld. PCIT has erred in law & facts of the case ... powers of under section 263 of the Act are to be invoked on satisfaction of twin conditions of the order being both erroneous and prejudicial to the interests of the Revenue. Where the tax effect because of an order passed by the Assessing Officer is nil, such order even