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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

Deepak Switch Gears Pvt. Ltd., Kolkata vs. PCIT, Asansol

In the result, the appeal of the assessee stands allowed

ITA 809/KOL/2023[2012-13]Status: DisposedITAT Kolkata07 May 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.809/Kol/2023 Assessment Year: 2012-13 Deepak Switch Gears Pvt. Ltd….…......................…...……………....Appellant 48/6, Suman Villa, 2Nd Floor, 155, Jessore Road, Kolkata-700055. [Pan: Aabcd1131H] Vs. Pcit, Asansol….....….........................................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 08, 2024 Date Of Pronouncing The Order : May 07, 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 30.12.2022 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Registry Has Pointed Out That The Appeal Is Time-Barred By 158 Days. A Separate Application Of Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That After Receipt Of The Impugned Order Of The Pr. Cit, The Assessee, Through Its Director, Shri Deep Kishan Saraf, Immediately Approached One Shri Pawan Kumar Agarwal, Chartered

Section 253Section 263Section 5

exercised his revision jurisdiction u/s 263 of the Act as he found that the assessment order passed u/s 147/143(3) dated 18.03.2019 was erroneous and prejudicial to the interest of the revenue. Thereafter, the ld. Pr. CIT passed revision order u/s 263 on 23.03.2021 setting aside the order passed ... Company submits that, in such circumstances, the assessment order passed by the Assessing Officer on 18th March, 2019 cannot be held to be erroneous and prejudicial to interest of revenue within the meaning of section 263 of the Act. The said assessment order passed by the Assessing Officer cannot

ITO, Ward-6(1), Kolkata vs. M/S Daniel Commodities Pvt. Ltd., Kolkata

ITA 645/KOL/2020[2009-10]Status: DisposedITAT Kolkata07 May 2024AY 2009-10

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.645/Kol/2020 Assessment Year: 2009-10 Ito, Ward-6(1), Kolkata………..…….......................…...……………....Appellant Vs. M/S Daniel Commodities Pvt. Ltd…..........…..........................…..…..... Respondent 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] C.O. 4/Kol/2023 (A/O I.T.A. No.645/Kol/2020) Assessment Year: 2009-10 M/S Daniel Commodities Pvt. Ltd…………….....................…..…..... Cross-Objector 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] Vs Ito, Ward-6(1), Kolkata …………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : February 23, 2024 Date Of Pronouncing The Order : May 07, 2024

Section 143(1)Section 144Section 147Section 148Section 151Section 250Section 263

Kolkata-II exercised his revision jurisdiction u/s 263 of the Act and held that the reassessment order framed by the Assessing Officer was erroneous and prejudicial to the interest of the revenue for not verifying the subscriptions made by the share applicants. He accordingly set aside the matter ... Kolkata-II, Kolkata was of the opinion that the assessment so framed u/s. 143(3)/147 of the Income Tax Act, 1961 is erroneous and prejudicial to the interest of the revenue and an order dated 05/03/2014 was passed u/s. 263 of the Act setting aside the said assessment order

Jmg Greens Promoters & Developers, Sirhind vs. Pr. CIT, Patiala

In the result, the appeal of the Assessee is partly allowed

ITA 410/CHANDI/2022[2012-13]Status: DisposedITAT Chandigarh03 May 2024AY 2012-13

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 410/Chd/2022 "नधा"रण वष" / Assessment Year : 2012-13 J M G Green Promoters & Vs. Pr. Commissioner Of बनाम Income Tax, Developers, Patiala Opp. Jain Mandir, Chandigarh Road, Sirhind 140406 "थायी लेखा सं./Pan No: Aaifj0737F अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 24.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.05.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Patiala (Herein Referred To As ‘Pcit’ ) Dated 29.03.2022, For The Assessment Year 2012-13. 2. In Fact, An Application Dated 23.4.2024, Was Filed By The Ld. Counsel Of The Assessee Taking An Additional Ground Of Appeal, Which 410-Chd-2022 –J M G Greens Promoters & Developers, Sirhind 2 Was Later On Merged With The Revised Grounds Of Appeal Filed On 24.4.2024. 3. The Revised Grounds Of Appeal Taken By The Assessee Are Reproduced As Under: -.

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Shri Rohit Sharma, CIT DR
Section 143(3)Section 147Section 148Section 263

cancelling the assessment already framed by the AO vide order dated 19.12.2019 and holding the order passed by the Ld. Assessing Officer as erroneous and prejudicial to the interest of revenue and setting-aside the assessment already framed to the file of the Assessing Officer, with the direction to pass ... PCIT Patiala issued a notice u/s 263 on the ground that the order passed by the Assessing Officer u/s 143(3) / 147 was erroneous and prejudicial to the interest of Revenue on the following Grounds:- a) The assessee had purchased 22 Kanal of Land

Deepan Mangi, Sirhind vs. Pr. CIT, Patiala

In the result, the appeal of the Assessee is partly allowed

ITA 409/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh02 May 2024AY 2017-18

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 409/Chd/2022 "नधा"रण वष" / Assessment Year : 2017-18 Deepan Mangi, Vs. Pr. Commissioner Of बनाम Income Tax, H.No. 3051, Mangi Niwas, Patiala Dera Baba Mangal Nath Street, Sirhind 140406 "थायी लेखा सं./Pan No: Ajypm5231A अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 23.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 02.05.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Patiala (Herein Referred To As ‘Pcit’ ) Dated 27.03.2022. 2. The Assessee In This Appeal Has Taken Following Grounds Of Appeal:

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Shri Rohit Sharma, CIT DR
Section 142(1)Section 143Section 143(1)Section 263

cancelling the assessment already framed by the AO vide order dated 04.04.2019 and holding the order passed by the Ld. Assessing Officer as erroneous and prejudicial to the interest of revenue and setting-aside the assessment already framed to the file of the Assessing Officer, with the direction to pass ... order of the ld. PCIT and brought on record that although the mistakes by the Assessing Officer that made the assessment order erroneous and prejudicial to the 409-Chd-2022 – Deepan Mangi, Sirhind 5 interest of Revenue are based on audit objections but there is no denial that

Shama Ajay Patel, Ahmedabad vs. The CIT(It & Tp), Ahmedabad

The appeal of the assessee is allowed

ITA 132/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad26 Apr 2024AY 2017-18

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

For Appellant: Shri Sunil Talati, ARFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR
Section 132Section 147Section 263

prejudice to the above, it is submitted that observation and finding and mentioning by Ld. CIT that the order of Ld. A.O. is erroneous and prejudicial to the interest of revenue is totally incorrect as no error has been committed by the Ld. A.O. It is submitted that ... complete satisfaction. It is, therefore, submitted that the view so taken of holding that assessment order passed by the Ld. A.O. is an erroneous and prejudicial to the interest of revenue is incorrect and illegal and accordingly, the direction to set aside and to verify this in the manner

Anoop Nopany, Kolata vs. ITO, Ward 40(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1381/KOL/2023[2014-15]Status: DisposedITAT Kolkata23 Apr 2024AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.1381/Kol/2023 Assessment Year: 2014-15 Anoop Nopany………………….…….…................…...……………....Appellant P-39, 2Nd Floor, Princep Street, Kolkata- 700072. [Pan: Abfpn3215L] Vs. Ito, Ward-40(1), Kolkata….....…..........................................…..…..... Respondent Appearances By: Shri Narendra Kedia, Ar, Appeared On Behalf Of The Appellant. Shri Sanjay Paul, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 19, 2024 Date Of Pronouncing The Order : April 23, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.07.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(Appeal) Nfac, Failed To Notice That Assessment Order Dated 31.12.2018 Passed Under Section 143(3)/263 Of The Act Is Bad In Law, Void Ab-Initio, Lacks Jurisdiction Since Original Assessment Order Dated 30.12.2016 Passes U/S 143(3) Was Bad In Law, Void Ab Initio. & Consequentially Any

Section 143(3)Section 250Section 263

being converted from limited scrutiny to complete scrutiny. He, therefore, observed that the assessment order passed by the Assessing Officer dated 30.12.2016 was erroneous and prejudicial to the interest of the revenue. The ld. PCIT further observed that on perusal of the assessment records, it revealed that the assessee ... that the Assessing Officer had not examined all these aspects of cash deposits and sundry creditors etc and accordingly held the order as erroneous and prejudicial to the interest of the revenue. He accordingly set aside the assessment order for de novo assessment. Thereafter, a fresh assessment order was framed

G.S.Atwal & Co (Engg) Pvt. Ltd, Kolkata vs. PCIT, Kol-2, Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 524/KOL/2023[2018-19]Status: DisposedITAT Kolkata22 Apr 2024AY 2018-19

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 524/Kol/2023 Assessment Year: 2018-19 G.S. Atwal & Co. (Engg.) Pvt. Pr. Commissioner Of Income Tax - Ltd. Vs 2, Kolkata 4B, Little Russell Street Kolkata - 700071 [Pan : Aabcg0816E] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, A/R Revenue By : Shri S. Datta, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 14/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 22/04/2024 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Principal Commissioner Of Income Tax, Kolkata -2, [Hereinafter The “Ld. Pr. Cit”] Dt. 29/03/2023, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19. 2. The Common Issue Raised In The Various Grounds Of Appeal Is Against Invalid Exercise Of Jurisdiction U/S 263 Of The Act Thereby Passing Revisionary Order U/S 263 Of The Act Dt. 29/03/2023, Setting Aside & Revising The Assessment Framed U/S 143(3)/143(3A) & (3B) Of The Act Dt. 29/03/2021. 3. Facts In Brief Are That The Assessee Filed Its Original Return Of Income On 19/09/2018 Declaring Total Loss Of Rs.4,24,51,417/-. Subsequently, The Return Was Revised On 23/09/2019 Declaring Total Loss

For Appellant: Shri Soumitra Choudhury, A/RFor Respondent: Shri S. Datta, CIT, D/R
Section 115JSection 143(3)Section 263

upon examination of the assessment records, observed that the order passed u/s 143(3) of the Act dt. 29/03/2021 is prima facie erroneous and prejudicial to the interest of the revenue, on the ground that the assessee has revised the return of income reducing the amount of loss declared from ... profit of Rs.71,59,839/- and accordingly, the book profit has been short assessed u/s 115JB thereby rendering the assessment so framed, as erroneous and prejudicial to the interest of the revenue. Accordingly, a notice u/s 263 of the Act was issued on 13/02/2023 giving the showcause to the assessee