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“prejudicial to interest of revenue”

Rectification & RevisionSection 263Section 263273 judgments

The decision most relied on for prejudicial to interest of revenue is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 judgments on BharatTax.

Leading authorities on prejudicial to interest of revenue

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. 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.

Mantola Co-operative Thrift & Credit Society Ltd. v. CIT
50 Taxmann.com 278 · 2014 · High Court
242
citing judgments

A cooperative society is not entitled to deduction under Section 80P(2)(a)(i) for interest income earned from investments and deposits which are not attributable to its primary business. An assessment order erroneously allowing such a deduction is revisable under Section 263 as being erroneous and prejudicial to the revenue, or subject to reassessment under Section 147.

DIT v. Jyoti Foundation
357 ITR 388 · 2013 · High Court
210
citing judgments

An assessment order cannot be deemed erroneous and prejudicial to the interest of revenue under Section 263 if the Assessing Officer conducted an inquiry and applied their mind during the original assessment, as Explanation 2 to Section 263 does not permit unending inquiries by the revisional authority.

CIT v. Infosys Technologies Ltd.
341 ITR 293 · 2012 · High Court
205
citing judgments

A Commissioner can revise an assessment order under Section 263 if it is erroneous and prejudicial to the interests of the revenue. This includes cases where the Assessing Officer fails to make further inquiries before accepting the assessee's statements in the return.

Judgments citing prejudicial to interest of revenue

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

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 be held to be unsustainable

Ashok Kumar Gupta, Faridabad vs. Pr. CIT, Faridabad

In the result, the grounds raised are sustained and the appeal of the assessee is allowed

ITA 369/DEL/2021[2010-11]Status: DisposedITAT Delhi14 Dec 2023AY 2010-11

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2010-11 Ashok Kumar Gupta, Vs Pr. Cit, 200, Sec.-7A, Faridabad. Faridabad, Haryana. 121 001 Pan: Aalpg5795M (Appellant) (Respondent) Assessee By : Shri Rakesh Jain, Advocate Revenue By : Shri Zafarul Haque Tanweer, Cit, Dr Date Of Hearing : 07.12.2023 Date Of Pronouncement : 14.12.2023 Order Per Anubhav Sharma, Jm: This Is Appeal Preferred By The Assessee Against The Order Dated 09.03.2020 Of The Pr. Commissioner Of Income Tax, Faridabad (Hereinafter Referred As Ld. Pcit) Arising Out Of The Order Dated 28.11.2017 Passed U/S. 147/148 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward 1(1), Faridabad (Hereinafter Referred To As The Ld. Ao). 2. At The Outset, It Was Pointed Out By Ld. Ar That An Application For Condonation Of Delay Of 324 Days Has Been Filed Supported With An Affidavit. On Hearing Upon The Same, It Comes Up That The Limitation For Filing The Appeal Was Upto 11.05.2020 & Due To Covid-19 Restrictions, In View Of The Directions Of The Hon’Ble Supreme Court In Suo Moto Writ Petition (Civil) No.03/2020, The Period Between 15.03.2020 & 28.02.2022 Has To Be Excluded For The Purpose Of Calculation Of Limitation & In The Light Of The Aforesaid, The Delay Is Condoned.

For Appellant: Shri Rakesh Jain, AdvocateFor Respondent: Shri Zafarul Haque Tanweer, CIT, DR
Section 143(3)Section 147Section 148Section 263Section 263(1)

furnished by the assessee. His conclusion may be more prudent but not sufficient to hold that the assessment order was erroneous or prejudicial to interest of Revenue without establishing it is not in accordance with law. The Revisional Power u/s 263 of the Act is not meant to substitute