← 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

Aarvee Denims & Exports Ltd., Ahmedabad vs. The Pr. CIT, Ahmedabad-1, Ahmedabad

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

ITA 396/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad27 Sept 2024AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.396/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Aarvee Denims & Exports Ltd. The Pr.Cit बनाम/ 191, Shahwadi Ahmedabad-1 V/S. Narol–Sarkhej Highway Ahmedabad – 382 405 (Gujarat) "थायी लेखा सं./Pan: Aabca 6019 P (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Divyakant Parikh, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19/09/2024 घोषणा की तारीख /Date Of Pronouncement: 27/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Divyakant Parikh, ARFor Respondent: Shri Prithviraj Meena, CIT-DR
Section 143(1)Section 143(3)Section 263Section 40Section 43BSection 80I

resulting in NIL taxable income. 2.1. Subsequently, the PCIT invoked the revisionary jurisdiction under Section 263, holding that the assessment order was erroneous and prejudicial to the interest of the revenue due to two specific issues:- i. That, the alleged failure of the AO to disallow unpaid leave salary under ... they were not applicable to the facts of this case, as the AO had failed to conduct necessary inquiries, making the assessment order erroneous and prejudicial to the revenue. 3.1. The PCIT reiterated that Section 263 of the Act empowers the Commissioner to revise any order that is erroneous

Go Fashion (India) Limited, Nungambakkam, Chennai vs. PCIT, Chennai-1, Nungambakkam Chennai

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

ITA 939/CHNY/2024[2018-19]Status: DisposedITAT Chennai27 Sept 2024AY 2018-19

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.939/Chny/2024 िनधा9रण वष9 /Assessment Year: 2018-19 Go Fashion (India) Ltd., The Principal Commissioner Of 4 (Old 144), Sathak Center, Vs. Income Tax, Fifth Floor, Chennai-1. Nungambakkam High Road, Nungambakkam S.O, Nungabakkam, Chennai-600034. [Pan: Aadcg 9557C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri S. Ramachandran, Fca Hiथ" की ओर से /Respondent By Shri R. Clement Ramesh Kumar, Cit : सुनवाई की तारीख/Date Of Hearing : 10.07.2024 घोषणा की तारीख /Date Of Pronouncement : 30.09.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Appeal Filed By The Assessee For Assessment Year (Ay) 2018-19 Arises Out Of The Order Of Learned Principal Commissioner Of Income Tax, Chennai-1 [Hereinafter “Pcit”] Dated 29.02.2024 Passed U/S. 263 Of The Income-Tax Act, 1961 (Hereinafter “The Act”). :- 2 -:

For Appellant: Shri S. Ramachandran, FCA
Section 142(1)Section 143(3)Section 263Section 56(2)Section 56(2)(viib)

made any addition u/s 56(2)(viib) for difference in issue price and FMV of shares. The Ld PCIT has held the order erroneous and prejudicial to the interest of revenue and set aside the assessment order. The Ld PCIT has held that the A.O has not made complete verification ... made u/s. 56(2)(viib) of the Act. In order to invoke Section 263 of the Act the twin condition of erroneous and prejudicial to the interest of Revenue are to be satisfied. In the present case, the second condition that order is prejudicial to interest of revenue

Vishal Balvantrai Agarwal, Ahmedabad vs. The Pr. Commissioner of Income Tax, Ahmedabad -1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 226/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad25 Sept 2024AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.226/Ahd/2023 िनधा"रण वष" /Assessment Year : 2018-19 Vishal Balvantrai Agarwal The Pr.Cit बनाम/ 249 New Cloth Market Ahmedabad-1 V/S. O/S. Raipur Gate Ahmedabad – 380 002 (Gujarat) "थायी लेखा सं./Pan: Adbpa 4462 G (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Divyakant Parikh, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2024 घोषणा की तारीख /Date Of Pronouncement: 25/09/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am:

For Appellant: Shri Divyakant Parikh, ARFor Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 10Section 142(1)Section 143(3)Section 14ASection 263Section 57

PCIT held that the AO failed to expand the scope of limited scrutiny to address this issue, which rendered the assessment order erroneous and prejudicial to the interests of the revenue. 3.2. The PCIT rejected the assessee’s submissions dated 13.03.2023, wherein the assessee contended that the AO had conducted ... learned AO u/s 143(3), r.w.s. 143(3A) & 143(3B) of the Act, with direction to make fresh assessment, which was neither erroneous nor prejudicial to the interest of revenue. The conditions of section 263 having not been satisfied the learned CIT has no jurisdiction to invoke provisions of section

Sannidhi Sri Ramachandra Murthy (HUF), Rajahmundry vs. Assistant Commissioner of Income Tax, Circle-1, Rajahmundry

In the result, appeal of the assessee is allowed

ITA 230/VIZ/2024[2013-14]Status: DisposedITAT Visakhapatnam25 Sept 2024AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A. No. 230/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2013-14) Sannidhi Sriramachandra Murthy (Huf) V. The Assistant Commissioner Of D.No. 42-10-30/31 Income Tax, Circle-1 Income Tax Office, Aayakar Bhavan Sree Ramachandra Murthy Nilayam Veerabhadrapuram Mangalavarapu Peta Rajahmundry-533105 Rajahmundry – 533101 Andhra Pradesh Andhra Pradesh [Pan: Aaxhs4350L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व / Assessee Represented By : Shri Gvn Hari, Ar राजस्व का प्रतततितित्व / Department Represented By : Dr. Satyasaai Rath, Cit(Dr)

Section 147Section 148Section 263Section 45(2)Section 54BSection 54ESection 54F

Thereafter, Ld.Pr.CIT in exercising of power vested on him under section 263 of the Act considered the order of the Assessing Officer as erroneous and prejudicial to the interest of the revenue on the following grounds. i. Ld.Pr.CIT observed that assessee converted its urban agricultural lands into stock-in-trade ... much as the assessment order u/s 147 r.w.s.144B dated 24.03.2022 for the A.Y 2013- 2014 is neither erroneous nor prejudicial to the interests of revenue. 3. The learned Pr. Commissioner of Income Tax, Visakhapatnam-1 is not justified in directing the Assessing officer to disallow the deduction of Rs.84