← All Phrases

“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

M/S West Bengal Infrastructure Development Corporation Ltd., Kolkata vs. Pr.CIT-2, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1237/KOL/2019[2014-15]Status: DisposedITAT Kolkata08 Oct 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1237/Kol/2019 Assessment Year: 2014-15 West Bengal Industrial Infrastructure Development Corporation……..……………….………...........………………....Appellant Sector-Dj-10, Sector-Ii, Salt Lake City, Kolkata – 700091. [Pan: Aaacw3073C] Vs. Pcit, Kolkata-2, Kolkata.……………….…............................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Rakesh Kumar Das, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : July 09, 2024 Date Of Pronouncing The Order : October 08, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 27.03.2019 Passed By The Principal Commissioner Of Income Tax-2, Kolkata [Hereinafter Referred To As ‘Pcit’] U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. No One Has Put In Appearance On Behalf Of The Assessee Despite Notice, Therefore, We Proceed To Decide The Appeal After Hearing The Ld. Dr & Going Through The Record.

Section 14ASection 263

year and therefore, disallowance as per Rule 8D(2)(iii) was attracted. He accordingly held that the order of the Assessing Officer was erroneous and prejudicial to the interest of the revenue. 4. We have heard the ld. DR and gone through the record. In this case, it has mentioned

Balasinor Vikas Co. Op. Credit Society Ltd., Mahisagar vs. The Pr. CIT, Vadodara-1, Vadodara

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

ITA 908/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad01 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 908/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Balasinor Vikas Co.Op. The Principal Credit Society Ltd. Commissioner Of Income Vs. Rajpuri Darwaja, Opp. Tax Masjit, Balasinor - Vadodara-1, Baroda - 388255, Gujarat 390007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaab4748H (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Mehul K. Patel, Advocate ""यथ" क" ओर से/Respondent By Shri Sudhendu Das, Cit. Dr : Date Of Hearing 02/09/2024 01/10/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Principle Commissioner Of Income Tax, Pcit, Vadodara-1 (In Short ‘The Pcit’), Dated 22.03.2024 Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The Assessment Year (A.Y.) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Had Filed His Return Of Income For A.Y. 2017-18 On 18.10.2017 Declaring Nil Income. The Original Assessment Was Completed U/S.143(3) Of The

For Appellant: Shri Mehul K. Patel, Advocate
Section 143(3)Section 147Section 263Section 80PSection 80P(2)(d)

proceeding. Thereafter, the ld. PCIT had called for the case records and held that the order u/s.147 of the Act dated 30.03.2022 was erroneous and prejudicial to the interest of Revenue for the reason that interest of Rs.31,39,316/- derived from other Co-operative Banks was not liable ... assessee submitted that the Ld. PCIT was not correct in holding that re- assessment order u/s.147 of the Act dated 30.03.2022 was erroneous and prejudicial to the interest of revenue. He has drawn our attention to the finding as recorded by the AO in the said order and submitted that

Thenmozhi Ganesan, Dindigul vs. PCIT, Madurai-1

In the result, the appeal filed by the assessee is dismissed in above terms

ITA 1628/CHNY/2024[2014-15]Status: DisposedITAT Chennai30 Sept 2024AY 2014-15

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1628/Chny/2024 िनधा"रण वष"/Assessment Year: 2014-2015 Thenmozhi Ganesan, The Principal Commissioner Of 13A, Collectorate, Vs. Income Tax, Indira Nagar, Madurai. Dindigul 624 004. Pan: Adtpt 8145C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Bhupendran, Advocate ""यथ" क" ओर से/Respondent By : Shri. Nilay Baran Som, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.09.2024 आदेश /O R D E R Per Manu Kumar Giri () The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Madurai-1 [‘Pcit’ I Short] Dated 25.03.2024 For Assessment Years 2014-15. 2. The Assessee Has Assailed The Impugned Order On 1-5 Grounds Which Are As Under: Ita No.1628 /Chny/2024 ‘’1) The Order Of The Learned Pcit Is Bad & Erroneous In Law. 2) The Learned Pcit Erred In Not Considering The Submission Filed By The Appellant In Proper Perspective. 3) The Learned Pcit Erred In Not Considering The Scope & Effect Of The Amendment Made In Section 40(A)(Ia) In Proper Perspective. 4) The Order By The Learned Pcit Directing The Assessing Officer To Pass A Fresh Assessment Order By Disallowing 100 Percent U/S. 40(A)(Ia), Without Cancelling The Earlier Assessment Order, As Mandated By Section 263 Is Bad In Law. 5) Invoking Section 263, When The Issue Of Disallowance U/S. 40(A)(Ia), At The Time Of Passing The Assessment Order Dated 10/03/2022 U/S.148, Was Not Free From Doubt, Is Not Legally Tenable’.

For Appellant: Shri. S. Bhupendran, AdvocateFor Respondent: Shri. Nilay Baran Som, IRS, CIT
Section 143(3)Section 144BSection 147Section 148Section 194CSection 263Section 40

assessment order passed by the Faceless Assessing Officer u/s 147 read with section 144B of the Act on 10/03/2022 was considered to be erroneous and prejudicial to the interests of revenue. After taking into the above findings of facts and observations, a show-cause notice

Philips Foods India Private Limited, Tuticorin vs. PCIT-1, Madurai

ITA 640/CHNY/2023[2016-17]Status: DisposedITAT Chennai30 Sept 2024AY 2016-17

Bench: Shri Mahavir Singh & Shri Amitabh Shuklaआयकर अपील सं./Ita No. 640/Chny/2023 निर्धारण वर्ष /Assessment Year: 2016-17 Philips Foods India Private Limited, The Principal Commissioner Of Vs. C-75 / 76, Sipcot Industrial Complex, Madathoor, Tuticorin - 628008 [Pan: Aabcp7916Q] Madurai-1 (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri Ashik Sha, Ca, Mr.Vinay Jain Ca, Shri Nilay Baran Som, Cit प्रत्यर्थी की ओर से /Revenue By : सुनवाई की तारीख/Date Of Hearing : 05.09.2024 घोषणा की तारीख / Date Of Pronouncement : 30.09.2024 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Rev/F/Rev5/2022-23/1051684572(1) Dated 30.03.2023 Of The Learned Principal Commissioner Of Income Tax [Herein After “Pcit" For The

For Appellant: Shri Ashik Sha, CA
Section 143(3)Section 263Section 92C

Counsel for the assesse submitted that the PCIT, Madurai-1 has invoked his revisionary powers u/s.263 holding the assessment order being erroneous and prejudicial to the interest of the revenue by finding deficiencies, shortcomings etc. in the report of the TPO in this case being Ld. Dy. Commissioner of Income