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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

T V Sundaram Iyengar & Sons Limited, Madurai vs. DCIT, CC - 2, Madurai

Appeal of the assessee stands dismissed

ITA 1803/CHNY/2019[2013-14]Status: DisposedITAT Chennai28 Oct 2024AY 2013-14

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1803/Chny/2019 िनधा"रण वष"/Assessment Year:2013-2014. M/S. T.V. Sundram Iyengar & The Deputy Commissioner Sons Private Limited, Vs. Of Income Tax, No.7B, Tvs Building, Corporate Circle 2, West Veli Street. Madurai. Madurai 625 001. Pan: Aabct 0159K (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri N.V. Balaji, Advocate ""यथ"क"ओरसे/Respondent By : Shri. Nilay Baran Som, Irs, Cit

For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Shri. Nilay Baran Som, IRS, CIT
Section 143(3)Section 263Section 35DSection 391

submitted his detailed written submission as under: The learned PCIT considered that the assessment order passed by the Assessing Officer dated 30.12.2016 was erroneous and prejudicial to the interest of revenue. He has demonstrated in his order why he considers the order so passed as erroneous as well as prejudicial ... interest of revenue. That the assessment order meets the twin test of being erroneous and prejudicial to the interest of revenue becomes apparent on consideration of Explanation 2 below section 263 of the Act. In the instant case, the ld. Assessing Officer passed the order without making enquires and verification

Harsahaimal Shiamlal Jewellers Pvivate Limited, Bareilly vs. PCIT(Central), Bareilly

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 65/LKW/2022[2017-2018]Status: DisposedITAT Lucknow25 Oct 2024AY 2017-2018

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Harsahaimal Shiamlal Jewellers Shri Vimalendu Verma, Private Limited, 148, Civil Lines, Vs. Pcit (Central), Lucknow, U.P. Bareilly, U.P.-243001 Pan:Aacch3785L (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 06.08.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Filed Against The Order Under Section 263 Of The Act, Passed By The Ld. Pcit, Central ,Lucknow On 17.02.2022, Setting Aside The Orders Of The Ld. Assessing Officer, Passed Under Section 143(3) Of The Income Tax Act On 29.07.2019. The Grounds Of Appeal Preferred, Are As Under:-

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. S.H. Usmani, CIT DR
Section 143(3)Section 263

passing an order under section 263 of the Act on the grounds that the original assessment order passed under section 143(3) was erroneous and prejudicial to the interest of the revenue and directing AO to frame fresh A.Y. 2017-18 Harsahaimal Shiamlal Jewellers P. Ltd. assessment order (de novo ... substitute his own view. Grounds No. 6 That the finding of Learned PCIT, Bareilly that order of the learned Assessing Officer is erroneous and prejudicial to the interest of revenue is factually incorrect, legally misconceived, contrary to evidence on record; and in any case is vague, based on surmiseful considerations

Dr. Babasaheb Ambedkar Open University, Ahmedabad vs. The CIT(Exemption), Ahmedabad

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

ITA 1068/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad22 Oct 2024AY 2014-15

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1068/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 Dr.Babasaheb Ambedkar Open The Cit(Exemption) बनाम/ University Ahmedabad V/S. “Jyotirmay Parisar” Dr.Babasaheb Amvedkar Open University Marg Sarkhej-Gandhinagar Highway Chharodi Ahmedabad – 382 481 (Gujarat) "थायी लेखा सं./Pan: Aabfd 2922 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Manish Bhatt, Advocate Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 14/10/2024 घोषणा की तारीख /Date Of Pronouncement: 22/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Manish Bhatt, AdvocateFor Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 142(1)Section 143(2)Section 147Section 148Section 263

assessee qualified as substantially financed by the government. The CIT(E) believed that the AO had overlooked critical facts, making the order erroneous and prejudicial to revenue interests. While doing so, the CIT(E) scrutinized the university's income composition for the assessment year and focused on the total income ... empowers the CIT(E) to revise any order passed by the AO if the order passed by the AO is erroneous and prejudicial to the interests of Revenue. Both limbs must be fulfilled for the CIT(E) to validly invoke Section 263 of the Act. We will examine whether Dr.Babasheb