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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

Hasmukh Hirji Gada, Pune vs. PCIT (Central), Pune

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

ITA 1023/PUN/2024[2020-21]Status: DisposedITAT Pune07 Nov 2024AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1023/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Hasmukh Hirji Gada, Vs. Pcit (Central), Pune. 1073, Bhosale Mystiqa, Plot No.425, Flat No.203, Gokhale Road, Om Super Market, Shivaji Nagar, Pune- 411002. Pan : Adxps3533L Appellant Respondent Assessee By : Shri Neelesh Khandelwal Revenue By : Shri Keyur Patel Date Of Hearing : 02.09.2024 Date Of Pronouncement : 07.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2024 Passed By Ld. Pcit (Central), Pune For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions Of Law It Be Held That The Order Passed By The Principal Commissioner Of Income Tax Under Section 263 For Initiating The Penalty Under Section 271Aac Of The Act Is Without Jurisdiction & Hence Is Improper, Unwarranted, Unjustified & Contrary To The Provisions Of Law & Facts Prevailing In The Case. The Order Passed U/S. 263 Be Set Aside. The Appellant Be Granted Just & Proper Relief In This Respect.

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri Keyur Patel
Section 115BSection 132Section 143(3)Section 234ASection 263Section 271ASection 69A

against the provisions of the IT Act. It was also submitted that non-initiation of such penalty proceedings cannot render the assessment order erroneous or prejudicial to the interest of the revenue. In support of above 5 contention, ld. Counsel for the assessee relied on the following judgements/decisions ... that the omission on the part of the Assessing Officer to initiate penalty proceedings during the course of assessment has rendered Assessment Orders erroneous and prejudicial to the interest of Revenue. Thus the Learned Commissioner of Income Tax directed the Assessing Officer to pass a fresh Assessment Order. The issue

Sanjjay Saumyha, Salem vs. Principal CIT, Coimbatore

The appeal stands dismissed

ITA 392/CHNY/2024[2013-14]Status: DisposedITAT Chennai05 Nov 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.392/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2013-14) Mrs. Sanjjay Saumyha Pcit बनाम/ 251 A, Omalur Main Road, Swarnapuri, Coimbatore-1. Vs. Salem-636 004. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aeyps-0117-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri T. Banusekar (Advocate)-Ld. Ar " थ"कीओरसे/Respondent By : Dr. R. Mohan Reddy (Cit) - Ld. Dr सुनवाई की तारीख/Date Of Hearing : 15-10-2024 घोषणा की तारीख /Date Of Pronouncement : 05-11-2024 आदेश / O R D E R

For Appellant: Shri T. Banusekar (Advocate)-Ld. ARFor Respondent: Dr. R. Mohan Reddy (CIT) - Ld. DR
Section 14Section 147Section 263Section 40

Income Tax erred in setting aside the assessment order dated 14 September 2021 passed by the Assessing Officer by treating the same as erroneous and prejudicial to the interest of the revenue. 2.6 The learned Principal Commissioner of Income Tax ought to have appreciated that the assessment order dated ... September 2021 is neither erroneous nor prejudicial to the interest of the revenue. 3.1 The learned Principal Commissioner of income Tax erred in stating that the Appellant has not responded to the notices issued by the Assessing Officer during the course of assessment proceedings under section 147 r.w.s 144B

Ridhhi Siddhi Jwellers Pvt. Ltd, Ahmedabad vs. The Pr. CIT-3, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 135/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad30 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.135/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 M/S.Riddhi Siddhi Jewellers The Pr.Cit-3 बनाम/ Pvt.Ltd. Ahmedabad – 380 015 V/S. 41/42/2, Khodiar Chowk Opp: Panchmukhi Hanmanji Temple Paldigam, Ahmedabad-390 007 "थायी लेखा सं./Pan: Aafcr 1736 C अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri Ritesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2024 घोषणा की तारीख /Date Of Pronouncement: 30/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Ritesh Parmar, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 263

between 9 PM and midnight on 08.11.2016). 2.2. Based on these perceived shortcomings, the PCIT concluded that the AO’s order was both erroneous and prejudicial to the interests of the revenue. Accordingly, the assessment order was set aside, and the AO was directed to reframe the assessment after making ... Facts in holding that the order passed u/s 143(3) of The Income Tax Act, 1961 dated 20/12/2019 as erroneous and prejudicial to the interest of revenue and directing the Ld. Assessing Officer to make fresh assessment, by passing the Order U/s 263 of The Income Tax Act, 1961 dated

Gujarat Tea Processors & Packers Ltd., Ahmedabad vs. The Pr. CIT-1, Ahmedabad

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 837/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad29 Oct 2024AY 2018-19

Bench: Shri Tr Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./Ita No. 837/Ahd/2024 "नधा"रण वष"/Asstt. Year: 2018-2019 Gujarat Tea Processor & Packers Principal Ltd., बनामVs Commissioner Of . Waghbakri House, Income Tax-1, Opp. Parimal Garden, Ahmedabad. Ellisbridge, Ahmedabad-380006. Pan: Aaacg5594L ( ""यथ" /Respondent) (अपीलाथ" /Appellant Assessee By : Shri Yogesh Shah, Ar Revenue By : Shri R.N Dsouza, Cit.Dr सुनवाई क" तार"ख/Date Of Hearing : 30/09/2024 घोषणा क" तार"ख /Date Of Pronouncement: 29/10/2024 आदेश/O R D E R Per Narendra Prasad Sinha, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Pcit, Ahmedabad-1, Dated 29.02.2023 For The Assessment Year (A.Y.) 2018- 19, Passed In His Revisional Jurisdiction U/S. 263 Of The Income Tax Act (Hereinafter Referred To As “The Act”).

For Appellant: Shri Yogesh Shah, ARFor Respondent: Shri R.N Dsouza, CIT.DR
Section 143(3)Section 14ASection 263

consider this provision while finalizing the assessment. Therefore, the Ld. PCIT held that the order of the AO was erroneous and prejudicial to the interest of revenue. Accordingly, he passed the impugned order u/s.263 of the Act, after allowing an opportunity of being heard to the assessee, whereby the order ... learned CIT erred on facts and in law in holding that the order under Section 143(3) passed by the Assessing Officer was erroneous and prejudicial to the interest of revenue and thereby setting aside the aforesaid order and directing the Assessing officer (AO) to reframe the assessment