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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

Hbc Lifesciences Private Limited, Gandhinagar vs. The Pr. CIT-3, Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 328/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad05 Jul 2024AY 2018-19

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 328/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2018-19) िनधा"रण वष" Hbc Lifesciences Private Principal Commissioner बनाम बनाम/ बनाम बनाम Limited Of Income Tax-3 Vs. B-218, Mayur House, Ahmedabad G.I.D.C., Electronic Estate Sector-25, Gandhinagar, Gujarat, 382016 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacch1407M (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate & अपीलाथ" ओर से /Appellant By : Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Dr. Darsi Suman Ratnam, Cit. Dr 20/06/2024 Date Of Hearing Date Of Pronouncement 05/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Principal Commissioner Of Income Tax-3, Ahmedabad, (In Short The ‘Pcit’) Dated 25.03.2023 In Exercise Of The Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act” In Short], For The Assessment Year 2018-19. 2. The Brief Facts Of The Case Are That The Return Of Income For A.Y. 2018-19 Was Filed By The Assessee On 30.10.2018 Declaring

For Appellant: Shri Parin Shah, A.RFor Respondent: Dr. Darsi Suman Ratnam, CIT. DR
Section 143(3)Section 263Section 37Section 37(1)

business promotion expense was required to be disallowed which was not done by the AO and, therefore, the order of the AO was erroneous and prejudicial to the interest of the revenue. Accordingly, a notice under Section 263 of the Act was issued by the PCIT on 17.02.2023 and after ... holding that the order passed by the Assessing officer (AO) under section 143(3) of the Income Tax Act (Act) was erroneous and prejudicial to the interest of the revenue and thereby setting aside the order with direction for fresh assessment order. It is submitted it be so held

Samata Nagari Sahakari Patsanshta Maryadit, Pune vs. ITO, Ward 14(5), Pune

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

ITA 763/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jul 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.763/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Samata Nagari Sahakari Vs. Ito, Ward- 14(5), Pune. Patsanshta Maryadit, Prasanna Residency, At & Post Nira, Tal- Purandar, Dist. Pune- 412102. Pan : Aabas5442E Appellant Respondent Assessee By : Shri Mukund Bhagwat Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 11.06.2024 Date Of Pronouncement : 03.07.2024 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, Pune-4 For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) The Learned Pcit Erred In Initiating Action U/S 263 Of The Income Tax Act Even Though The Assessing Officer'S Assessment Order Under Sec 143 (3) Was Neither Erroneous Nor Prejudicial To The Interests Of Revenue. 2) The Learned Pcit Erred In Not Properly Appreciating The Facts Of The Case & Ignoring The Order Of The Jurisdictional Hon'Ble Pune

For Appellant: Shri Mukund BhagwatFor Respondent: Shri Ajay Kumar Keshari
Section 143(1)Section 143(3)Section 263Section 36Section 80PSection 80P(2)(a)Section 80P(2)(d)

initiating action u/s 263 of the Income Tax Act even though the assessing officer's assessment order under sec 143 (3) was neither erroneous nor prejudicial to the interests of revenue. 2) The learned PCIT erred in not properly appreciating the facts of the case and ignoring the order ... with the reply of the assessee, LD PCIT Pune (4), formed an opinion that the assessment order dated 4 05-04-2021 is erroneous and prejudicial to the interests of the Revenue in terms of the provisions of section 263 of the Act & therefore vide order dated

Skill Promoters Private Limited, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

In the result, appeals filed by the assessee for all the 3

ITA 116/HYD/2024[2019-20]Status: DisposedITAT Hyderabad03 Jul 2024AY 2019-20

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.114 To 116/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2017-18 To 2019-2020) Skill Promoters (P) Ltd Vs. Asstt. C. I. T. Hyderabad Central Circle 2(3) Pan:Aawcs1257Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Moha Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 27/06/2024 घोषणा की तारीख/Pronouncement: 03/07/2024 आदेश/Order

For Appellant: Shri P. Murali Moha Rao, CaFor Respondent: : Smt. TH Vijaya Lakshmi, CIT(DR)
Section 132Section 143(3)Section 153ASection 153DSection 263Section 269SSection 271D

Skill Promoters P Ltd that the assessment order passed by the Assessing Officer u/s 143(3) r.w.s. 153A dated 26.09.2021 is neither erroneous nor prejudicial to the interest of the Revenue, because the Assessing Officer has considered the issue of cash consideration received in cash, over and above the consideration ... satisfaction by the Assessing Officer during the course of assessement proceedings for initiating penalty proceedings u/s 271D renders the assessment order to be erroneous and prejudicial to the interest of the Revenue. Therefore, set aside the assessment order passed by the Assessing Officer and consequent order passed by the Addl

Skill Promoters Private Limited, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

In the result, appeals filed by the assessee for all the 3

ITA 115/HYD/2024[2018-19]Status: DisposedITAT Hyderabad03 Jul 2024AY 2018-19

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.114 To 116/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2017-18 To 2019-2020) Skill Promoters (P) Ltd Vs. Asstt. C. I. T. Hyderabad Central Circle 2(3) Pan:Aawcs1257Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Moha Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 27/06/2024 घोषणा की तारीख/Pronouncement: 03/07/2024 आदेश/Order

For Appellant: Shri P. Murali Moha Rao, CaFor Respondent: : Smt. TH Vijaya Lakshmi, CIT(DR)
Section 132Section 143(3)Section 153ASection 153DSection 263Section 269SSection 271D

Skill Promoters P Ltd that the assessment order passed by the Assessing Officer u/s 143(3) r.w.s. 153A dated 26.09.2021 is neither erroneous nor prejudicial to the interest of the Revenue, because the Assessing Officer has considered the issue of cash consideration received in cash, over and above the consideration ... satisfaction by the Assessing Officer during the course of assessement proceedings for initiating penalty proceedings u/s 271D renders the assessment order to be erroneous and prejudicial to the interest of the Revenue. Therefore, set aside the assessment order passed by the Assessing Officer and consequent order passed by the Addl

Skill Promoters Private Limited, Hyderabad vs. ACIT., Central Circle-2(3), Hyderabad

In the result, appeals filed by the assessee for all the 3

ITA 114/HYD/2024[2017-18]Status: DisposedITAT Hyderabad03 Jul 2024AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.114 To 116/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2017-18 To 2019-2020) Skill Promoters (P) Ltd Vs. Asstt. C. I. T. Hyderabad Central Circle 2(3) Pan:Aawcs1257Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Moha Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 27/06/2024 घोषणा की तारीख/Pronouncement: 03/07/2024 आदेश/Order

For Appellant: Shri P. Murali Moha Rao, CaFor Respondent: : Smt. TH Vijaya Lakshmi, CIT(DR)
Section 132Section 143(3)Section 153ASection 153DSection 263Section 269SSection 271D

Skill Promoters P Ltd that the assessment order passed by the Assessing Officer u/s 143(3) r.w.s. 153A dated 26.09.2021 is neither erroneous nor prejudicial to the interest of the Revenue, because the Assessing Officer has considered the issue of cash consideration received in cash, over and above the consideration ... satisfaction by the Assessing Officer during the course of assessement proceedings for initiating penalty proceedings u/s 271D renders the assessment order to be erroneous and prejudicial to the interest of the Revenue. Therefore, set aside the assessment order passed by the Assessing Officer and consequent order passed by the Addl

Patchirajan Lakshmanan, Madurai vs. PCIT, Madurai

In the result, appeal of the assessee is allowed

ITA 597/CHNY/2020[2015-16]Status: DisposedITAT Chennai28 Jun 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 597/Chny/2020 िनधा"रणवष" / Assessment Year: 2015-16 The Principal Commissioner Of Patchirajan Lakshmanan, V. Income Tax, No. 102F,/16Z/3, Maduari -1, Dhanasekaran Nagar, Madurai – 625 002. Polepettai (West) – 628 002. [Pan:Aazpl-1396-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S. Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 01.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(1)(a)Section 143(3)Section 263Section 54F

597/Chny/2020 2. The CIT erred in setting aside the order of the Assessing Officer u/s 143(3) dated 31.10.2017 as erroneous and prejudicial to the interest of Revenue without assigning proper reasons and justification. 3. The CIT ought to have appreciated that the deduction u/s 54F of the Act, claimed ... failed to appreciate that in the absence of fulfillment of the twin condition being erroneous and prejudicial to the interest of the Revenue, the revisionary proceeding initiated is wrong and unsustainable in law and ought to have appreciated that the consequential :-3-: ITA. No:597/Chny/2020 revision order