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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

Panache Dealtrade Pvt. Ltd., Kolkata vs. P.C.I.T., Central - 2, Kolkata

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

ITA 977/KOL/2024[2013-2014]Status: DisposedITAT Kolkata18 Nov 2024AY 2013-2014

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 977/Kol/2024 Assessment Year: 2013-2014 Panache Dealtrade Pvt. Limited,…….………Appellant 1St Floor, Rup Chand Roy Street, Kolkata-700007, West Bengal [Pan:Aagcp0699B] -Vs.- Principal Commissioner Of Income Tax (Central), Kolkata-2,………………………………..………Respondent Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 Appearances By: Shri S.K. Tulsiyan, Advocate & Mita Rizvi, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit(D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : October 24, 2024 Date Of Pronouncing The Order : November 18, 2024 O R D E R

Section 133(6)Section 143(1)Section 147Section 151Section 263Section 263(1)

wrongly invoked jurisdiction u/s.263(1) of the Act by holding the impugned order passed by the Ld.AO on 27/09/2021 is erroneous and prejudicial to the interest of the revenue in as much as the impugned reasons for invoking sec. 263 of the Act did not arise in course of assessment ... exercised by the ld. PCIT holding that the order passed 3 Panache Dealtrade Pvt. Limited by the ld. Assessing Officer dated 27.09.2021 was erroneous and prejudicial to the interest of revenue on the ground that the assessment was framed under section 147 of the Act and impugned issues

Cholamandalam Investment and Finance Company Limited, Chennai vs. Principal Commissioner of Income-Tax, Chennai - 1, Chennai

The appeal stands dismissed

ITA 1590/CHNY/2024[2018-19]Status: DisposedITAT Chennai14 Nov 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./Ita No.1590/Chny/2024 (िनधा(रण वष( / Assessment Year: 2018-19) & 2. Stay Application No.27/Chny/2024 (In Ita No.1590/Chny/2024) (िनधा(रण वष(/Assessment Year:2018-19) M/S. Cholamandalam Investment Pcit & Finance Company Limited Chennai-1 बनाम Chola Crest, C-54 & 55, Super B-4, Thiru Vi Ka Industrial Estate, / Vs. Guindy Industrial Estate, S.O., Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-1226-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : S/Shri Ajit Jain, Kunal Shah & Ms. Aashna Dhila (Cas)- Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 05-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 14-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: S/Shri Ajit Jain, Kunal Shah &For Respondent: Shri Nilay Baran Som (CIT)-Ld. Sr. DR
Section 143(3)Section 263Section 36(1)(vii)Section 36(1)(viia)Section 41(4)

debts written off under section 36(1)(vii) of the Act. 2. The Ld. AR advanced arguments and submitted that twin conditions i.e., erroneous and prejudicial to the interest of the revenue was not fulfilled in the present case and the revision has been done to verify the factual aspects