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“lack of enquiry”

Rectification & RevisionSection 263Section 263780 judgments

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

Leading authorities on lack of enquiry

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. 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.

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.

CIT v. Anil Kumar Sharma
335 ITR 83 · 2011 · High Court
264
citing judgments

The Commissioner cannot invoke Section 263 for an assessment merely because of an inadequate inquiry by the Assessing Officer, provided there was some inquiry or the record demonstrates application of mind, as this constitutes a mere difference of opinion.

Narayan Tatu Rane v. ITO
70 Taxmann.com 227 · 2016 · ITAT
220
citing judgments

Before revising an assessment order under Section 263, the CIT/PCIT must conduct their own inquiries or verifications to establish that the Assessing Officer's order is erroneous and unsustainable in law, rather than merely directing further inquiry or pointing out the AO's lack of inquiry.

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 lack of enquiry

Bhanwarlal Champalal Kanunga, Unjha vs. The Pr. CIT, Ahmedabad-3, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1040/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2020-21

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1040/Ahd/2025 िनधा"रण वष" /Assessment Year : 2020-21 Bhanwarlal Champalal Kanunga, The Principal A-43, Old Gunj Bazar, बनाम/ Commissioner Of V/S. Apmc Market Yard, Income Tax, Main Line, Ahmedabad-3, Unjha-384170. Ahmedabad. (Gujarat) "थायी लेखा सं./Pan: Acmpk0172H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parmanand Khatri, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 31/07/2025 घोषणा की तारीख /Date Of Pronouncement: 28/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] This Appeal By The Assessee Is Directed Against The Revisional Order Dated 27.03.2025 Passed By The Principal Commissioner Of Income-Tax-3, Ahmedabad [Hereinafter Referred To As “Pcit”] Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], Whereby The Assessment Order Dated 23.09.2022 Passed Under Section 143(3) Read With Section 144B Bhanwarlal Champalal Kanunga. Vs. Pcit Assessment Year 2020-21

For Appellant: Shri Parmanand Khatri, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 263

Sunbeam Auto Ltd. [332 ITR 167] has also laid down that “inadequate enquiry” does not confer jurisdiction under section 263; only “lack of enquiry” would do so. 19. We have also perused the Paper Book filed by the assessee which has been duly placed before us. At page 33 thereof

Assistant Commissioner of Income Tax, Patna vs. Sushila Sultania, Patna

The appeal of the revenue is dismissed

ITA 475/PAT/2024[2014]Status: DisposedITAT Patna26 Aug 2025

Bench: Shri George Mathan & Shri Rajesh Kumari.T.A. No.475/Pat/2024 Assessment Year: 2014-15 Acit, Circle-4, Patna……..........................…...........................……….……Appellant Vs. Sushila Sultania, Patna……….............…..….…...……........……...…..…..Respondent 503, Venkatesh Apartment, Dakbunglow Road, Budh Marg, Patna, Bihar-800001. [Pan: Acmps5390M] Appearances By: Shri Ashwani Kumar, Jcit, Appeared On Behalf Of The Appellant. Shri Neelkhanth Kandelwal, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 14, 2025 Date Of Pronouncing The Order : August 26 , 2025 Order Per Rajesh Kumar: The Present Appeal Is Filed By The Revenue For The Assessment Year 2014-15 Against The Order Dated 21.05.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Only Issue Raised By The Revenue In This Appeal Is Against The Order Of The Ld. Cit(A) Deleting The Addition Of Rs.1,84,74,698/- & Rs.8,79,748/- As Made By The Assessing Officer U/S 68 R.W.S. 115Bbe & U/S 69C Respectively. 3. Facts In Brief Are That The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 Of The Act On 31.03.2021. The Said Notice Was Duly Complied By The Assessee By Filing Return Of Income On 22.04.2021 Declaring Total Income At Rs.19,11,200/-. The Assessing

Section 10(38)Section 142(1)Section 143(2)Section 147Section 148Section 250Section 68Section 69C

evidence filed by the assessee. The ld. CIT(A) finally deleted the addition on the ground of non-application of independent mind and lack of enquiry done by the Assessing Officer. 5. After hearing the rival submissions and perusing the materials on record, we find that in this case