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“assessment order erroneous”

Rectification & RevisionSection 263Section 263534 judgments

The decision most relied on for assessment order erroneous is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 judgments on BharatTax.

Leading authorities on assessment order erroneous

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.

Parashuram Pottery Works Co. Ltd. v. ITO
106 ITR 1 · 1977 · Supreme Court
486
citing judgments

The principle of finality dictates that stale issues should not be reactivated, and lapse of time brings repose to judicial and quasi-judicial controversies. A Commissioner cannot substitute their judgment for the Assessing Officer's unless the assessment order is legally erroneous, not merely less elaborate, thus limiting revisionary powers under Section 263.

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.

Judgments citing assessment order erroneous

Mahmadhusen Salmanji Gandhi, Jamnagar vs. Principle Commissioner of Income Tax, Jamnagar

In the result, the appeal of the assessee is dismissed

ITA 495/RJT/2025[2015-16]Status: DisposedITAT Rajkot09 Feb 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 495/Rjt/2025 Assessment Year: (2015-16) Mahmadhusen Salmanji Gandhi Vs. Principle Commissioner Of Income C/O, Kadarbhai Hasanbhai Gandhi, Tax Kv Road, Bedi Gate, Jamnagar Office Of The Principle Gujarat 361001 Commissioner Of Income Tax, Jamnagar, Gujarat 361008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqpg8128H (Appellant) (Respondent) Appellant By : Ms. Amoli Gusani, Ld. A.R. Respondent By : Shri Shramdeep Sinha, Ld. Cit. Dr Date Of Hearing : 19/11/2025 Date Of Pronouncement : 09/02/2026 आदेश / Order Per Dr. Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay)-2015-16, Is Directed Against The Order Passed By The Ld. Pcit Income Tax Vide Order (U/S 263 Of The Act) Dated 04.06.2025. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. The Learned Pcit Has Erred In Law & In Facts By Contending & Directing The Assessing Officer To Conduct A Fresh Assessment Regarding The Brokerage Expenses To The Tune Of Rs. 1,66,121/- 2. The Learned Pcit Has Erred In Law & In Facts By Contending & Directing The Assessing Officer To Conduct A Fresh Assessment Regarding The Claim Of Indexed Cost Of Improvement To The Tune Of Rs. 35,02,298/- 3. The Learned Pcit Has Erred In Law By Invoking The Revision Of The Assessment Order Under Section 263. The Assessment Order Is Not Erroneous As Per Section 263 Of The Income Tax Act & Therefore The Mahmadhusen Salmanji Gandhi

For Appellant: Ms. Amoli Gusani, Ld. A.RFor Respondent: Shri Shramdeep Sinha, Ld. CIT. DR
Section 147Section 263

amounting to Rs 36,68,419/- (35,02,298 + 1,66,121). Such failure on the part of the AO has rendered the assessment order erroneous and prejudicial to the interest of the revenue within the meaning of the provisions of section 263 of the Act. Therefore, Ld. PCIT issued

Sarju Gurunamal Goklani, Beed vs. PCIT Circle -1, Jalgaon

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

ITA 974/PUN/2025[2020-21]Status: DisposedITAT Pune04 Feb 2026AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.974/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-12 Sarju Gurunamal Goklani, Vs. Pcit, Nashik-1. Kalaguru Sai Shraddha Nagar, Amalner- 425401. Pan : Aaopg7057M Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Amit Bobde Date Of Hearing : 24.11.2025 Date Of Pronouncement : 04.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.02.2025 Passed U/S 263 Of The It Act By Ld. Pcit, Nashik-1 [‘Ld. Pcit’] For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Ld. Cit Erred In Law & On Facts In Invoking Jurisdiction Under Section 263 & Setting Aside Assessment Order For Fresh Assessment On The Ground That Assessment Has Been Framed Without Proper Verification & Without Applying Relevant Provisions Of The Act.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Amit Bobde
Section 143(3)Section 263Section 80Section 801BSection 80I

inferred safely that AO has, in the absence of submission and evidences has failed to cause proper inquiries and consequential verifications which rendered assessment order erroneous and prejudicial to the interest of revenue. 7.2 After the introduction of Explanation 2 to Sec. 263, of the Act it has been made