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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

Shri Shamlaji Aarogya Seva Trust, Godhra vs. The Pr. CIT (Central), Surat at -Vadodara

In the result, the appeal of the Assessee is dismissed

ITA 138/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad04 Sept 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.138/Ahd/2022 "नधा"रण वष" /Assessment Year : 2017-18 Shri Shamlaji Aarogya Seva Trust The Pr.Cit (Central) बनाम/ Kanelav Road Surat At Vadodara Dhahod Road V/S. Godhra – 389 001 "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri H. Phani Raju, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 29/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 04 /09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Passed By The Ld.Principal Commissioner Of Income Tax (Central), Surat [Hereinafter Referred To As "Pcit"] Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], For The Assessment Year (Ay) 2017-18, Wherein The Pcit Held That The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) Of The Act, Dated 16.11.2019, Was Erroneous & Prejudicial To The Interests Of

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri H. Phani Raju, CIT-DR
Section 12ASection 13(3)Section 133ASection 142(1)Section 143(3)Section 263

assessment order passed by the Assessing Officer (hereinafter referred to as “AO”) under Section 143(3) of the Act, dated 16.11.2019, was erroneous and prejudicial to the interests of ITA No.138/Ahd/2022. Shri Shamlaji Aarogya Seva Trust vs. The Pr.CIT(Central) Asst. Year : 2017-18 2 the Revenue. The Ld.PCIT, therefore ... Ld.PCIT passed the order u/s.263 of the Act and determined that the AO’s order under Section 143(3) of the Act was erroneous and prejudicial to the interests of the Revenue because the AO did not consider the materials and findings from the survey during the scrutiny assessment

Western India Cashew Company Private Limited, R. P. Towers vs. Principal Commissioner of Income Tax, Coimbatore

ITA 859/CHNY/2024[2020-21]Status: DisposedITAT Chennai04 Sept 2024AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.859/Chny/2024 निर्धारण वर्ष / Assessment Year: 2020-21 Western India Cashew Company The Principal Commissioner Of Pvt. Ltd., Vs. Income Tax, No.88, Rp Towers, Coimbatore - 1. Coimbatore Road, Pollachi - 642 002. [Pan: Aaacw 3202B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri G. Surendarnath Rao, C.A प्रत्यर्थी की ओर से /Revenue By : Shri V. Nandakumar, Cit सुनवाई की तारीख/Date Of Hearing : 27.06.2024 घोषणा की तारीख / Date Of Pronouncement : 04.09.2024 आदेश / Order Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Principal Commissioner Of Income Tax, Coimbatore-1 (Hereinafter “Pcit”] In Din & Order No. Itba/Rev/F/Rev5/2023- 24/1060503232(1), Dated 05.02.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2020-21 U/S.143(3) R.W.S 144B Of The Income Tax Act, 1961 (Hereinafter The 'Act'), Vide Order Dated 06.09.2022.

For Appellant: Shri G. Surendarnath Rao, C.AFor Respondent: Shri V. Nandakumar, CIT
Section 143(3)Section 263Section 40A(2)

specific observations in the assessment order or that the assessment order was cryptic, cannot be a ground to conclude that the order is erroneous and prejudicial to revenue in order to invoke the provisions of section 263. 4. The Principal Commissioner should have known that it is necessary ... state in what manner he considered the order of the AO to be erroneous and prejudicial to the interest of the revenue and what was the basis for such conclusion. When the order of the AO was in compliance with the CBDT Circular No. 6P dated

Star Health and Allied Insurance Co. Ltd., Chennai vs. ACIT, NFAC, Delhi

The appeal stands dismissed

ITA 1552/CHNY/2024[2018-19]Status: DisposedITAT Chennai03 Sept 2024AY 2018-19

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1552/Chny/2024 (िनधा*रणवष* / Assessment Year: 2018-19) M/S Star Health & Allied Insurance Pr.Cit Company Limited Chennai-3. बनाम/ #148, Acropolis, Vs. Dr. Radha Krishnan Salai, Mylapore, Chennai-600 004. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajcs-4517-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri P.S. Prabhakar (Ca) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 22-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-09-2024 आदेश / O R D E R

For Appellant: Shri P.S. Prabhakar (CA) - Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) - Ld. DR
Section 115JSection 143(3)Section 147Section 263

Revenue. Also, an incorrect assumption of facts or incorrect application of law by the AO would make the order of assessment erroneous and prejudicial to the interests of the Revenue. As the Assessing Officer did not enquire into the issue at all, the case law as cited by the assessee ... assessment proceedings and therefore, it was a case of no- enquiry. In such a case, the assessment order would be deemed to be erroneous and prejudicial to the interest of revenue in terms of clause (a) of Explanation 2 to Section 115JB of the Income-tax Act, 1961. The case

Patwardhan Hospital, Aurangabad vs. PCIT-1, Nashik

Appeal is dismissed

ITA 994/PUN/2024[2019-20]Status: DisposedITAT Pune30 Aug 2024AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.994/Pun/2024 िनधा"रण वष" / Assessment Year: 2019-20 Patwardhan Hospital, Vs. Pcit-1, Nashik. Bansilal Nagar Padampura, Station Road, Chhatrapati Sambhajinagar, Aurangabad- 431001. Pan : Aaefp2233Q Appellant Respondent Assessee By : Shri S.N. Puranikh Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 27.08.2024 Date Of Pronouncement : 30.08.2024 आदेश / Order Per Satbeer Singh Godara, Jm: This Assessee’S Appeal For Assessment Year 2019-20 Arises Against The Pcit-1, Nashik’S Order Dated 19.03.2024 Passed In Case No. Itba/Rev/F/Rev5/2023-24/1062957332(1) Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties At Length. Case File Perused.

For Appellant: Shri S.N. PuranikhFor Respondent: Shri Ajay Kumar Keshari
Section 115BSection 143(3)Section 2Section 263Section 69

have been initiated on the ground that the assessment order passed u/s 143(3) of the Act by the AO for A.Y.2019-20 is erroneous and prejudicial to the interests of the revenue, as the assessee has declared the amount of Rs.70,90,144/- as his additional income, and the same ... Therefore, it can be inferred safely that AO has failed to cause proper inquiries and consequential verifications which rendered assessment order erroneous and prejudicial to the interest of revenue. 7. In the light of the detailed discussion made hereinabove, I am of the considered opinion that the assessment order passed

Sudarshan Bhagwandas Naval, Jalgaon vs. PCIT (Central Circle 1 Nagpur), Nagpur

Appeal is dismissed

ITA 600/PUN/2024[AY 2018-2019]Status: DisposedITAT Pune30 Aug 2024

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.600/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Sudarshan Bhagwandas Vs. Pcit (Central), Nagpur. Naval, Naval Multispecialty Hospital, Near Bhaskar Market, Jilla Peth, M.J. College Road, Jalgaon- 425001. Pan : Aafpn7830C Appellant Respondent Assessee By : Shri Abhishek K. Choksy & Shri Ankit Davda Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 27.08.2024 Date Of Pronouncement : 30.08.2024 आदेश / Order Per Satbeer Singh Godara, Jm: This Assessee’S Appeal For Assessment Year 2018-19 Arises Against The Pcit (Central), Nagpur’S Order Dated 01.02.2024 Passed In Case No. Itba/Rev/F/Rev5/2023-24/1060387551(1) Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties At Length. Case File Perused.

For Appellant: Shri Abhishek K. Choksy &For Respondent: Shri Ajay Kumar Keshari
Section 143(3)Section 154Section 263Section 263(1)

Considering the above decisions of the courts, the submission of the assessee is not acceptable. The order passed by the assessing officer is erroneous and prejudicial to the interest of revenue. (b) Further the assessee in its submission has stated that “the valuation stated is mentioned in the valuation report ... basis of valuation report submitted by DVO subsequent to assessment order. As such the order passed by the assessing officer is erroneous and prejudicial to the interest of revenue. 5 9. Considering the specific facts as discussed above and also keeping in view the provisions of Explanation