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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

M/S. R.K. Investments, Chennai vs. DCIT, Ncc-3(1), Chennai

The appeal stand allowed in terms of our above order

ITA 1159/CHNY/2024[2014-15]Status: DisposedITAT Chennai12 Aug 2024AY 2014-15

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1159/Chny/2024 (िनधा*रणवष* / Assessment Year: 2014-15) M/S. R.K. Investments Dcit Ground Floor, Block-Iv, Non-Corporate Circle-3(1) बनाम/ No.184-187,Temple Steps, Chennai. Vs. Anna Salai Little Mount, Chennai-600 015. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaafr-3413-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Vijayaraghavan (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 31-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 12-08-2024 आदेश / O R D E R

For Appellant: Shri R. Vijayaraghavan (Advocate)-Ld.ARFor Respondent: Shri R. Clement Ramesh Kumar (CIT) -Ld. DR
Section 143(3)Section 147Section 148Section 2(14)Section 2(14)(iii)Section 2(14)(lii)Section 263Section 45

same was one of the possible views which is not shown to be contrary to any law. We do not find any lack of enquiry as alleged in the impugned order. Therefore, Explanation-2 to Sec.263 would not apply in the present case. Another factor to be noted is that

Huhtamaki India Limited, Mumbai vs. Principal Commissioner of Income-Tax - 6, Mumbai

ITA 2668/MUM/2024[AY 2018-19]Status: DisposedITAT Mumbai29 Jul 2024

Bench: Shriamarjit Singh & Shri Anikesh Banerjeeι.Τ.Α No.2668/Mum/2024 (Assessment Year : 2018-19) Huhtamaki India Limited A-802, Cresenzo, C-38/39 G Block, Brandra Kurla Complex Bandra (East), Mumbai Pan: Aaact0086E Appellant Vs Principal Commissioner Of Income- Tax-6, Mumbai 5Th Floor, Aayakar Bhavan, Mahrishi Karve Road, Mumbai-400 020 Respondent Assessee By : Shri Nikhil Tiwari Respondent By : Shrisolgy Jose T. Kottaram(Cit Dr) Date Of Hearing : 22/07/2024 Date Of Pronouncement : 29/07/2024 Order Per Anikesh Banerjee, J.M: Instant Appeal Of The Assessee Is Preferred Against The Order Of Thelearned Principal Commissioner Of Income-Tax, Mumbai-6 (For Brevity, ‘Ld.Pcit') Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act'), For Assessment Year 2018-19, Date Of Order21.03.2024.The Impugned Order Was Emanated From The Order Of The National E-Assessment Centre, Delhi, (In Short, ‘The A.O.') Passed Under Section 143(3)Read With Section 144B Of The Act, Date Of Order19/04/2021. 2. The Assessee Has Taken Following Grounds Of Appeal:-

For Appellant: Shri Nikhil TiwariFor Respondent: ShriSolgy Jose T. Kottaram(CIT DR)
Section 143(3)Section 144BSection 250Section 263

PCIT erred in not appreciating the fact that Explanation 2 to section 263 of the Act, could be applied only when there was lack of enquiry or no enquiry made by the AO. Explanation 2 to section 263 of the Act, cannot be applied when there was inadequate enquiry made