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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 Majju Image & Brand Consultants Pvt Ltd, Bangalore vs. The Principal Commissioner of Income Tax, Bangalore

In the result, the appeal filed by the assessee stands allowed

ITA 2015/BANG/2018[2014-15]Status: DisposedITAT Bangalore14 Jul 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 M/S. Majju Image & Brand Consultants Pvt. Ltd., The Pr. No. G1, Accolade Commissioner Of Apartments, Income Tax, Millers Road, 2Nd Cross, Bangalore – 4, Benson Town, Vs. Bangalore. Bangalore – 560 046. Pan: Aaicm6586E Appellant Respondent : Shri B.S. Balachandran, Assessee By Advocate : Shri Sumer Singh Meena, Revenue By Cit-Dr Date Of Hearing : 14-07-2022 Date Of Pronouncement : 14-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order U/S. 263 Dated 25/01/2018 Passed By Ld.Pr.Cit, Bangalore – 4 For A.Y. 2014-15 On Following Grounds Of Appeal: “1. The Impugned Revisionary Order Passed By The Learned Principal Commissioner Of Income-Tax (Pcit) U/S.263 Dated; 25-01-2018 Is Opposed To The Facts Of The Case & The Law & Therefore, It Is Liable To Be Set-Aside.

For Respondent: Shri B.S. Balachandran
Section 142(1)Section 143Section 143(3)Section 263

unsupportable in the fact and circumstances of the case. 2.3. The learned PCIT failed to draw a distinction between a case of lack of enquiry and inadequate enquiry for the purpose of revision u/s.263 and consequently, misdirected herself in concluding that the assessment order was erroneous and prejudicial

Harish Subramaniam Iyer, Mumbai vs. Pr CIT -27, Navi Mumbai

In the result, the appeal by assessee is allowed

ITA 873/MUM/2021[2016-17]Status: DisposedITAT Mumbai02 May 2022AY 2016-17

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.873/मुं/2021 ("न.व. 2016-17) Harish Subramaniam Iyer, A-10, Sidhpura Industrial Estate, Lbs Marg, Ghatkopar (West), Mumbai 400 086 Pan: Aaapi-3669-R ...... अपीलाथ" /Appellant बनाम Vs. Principal Commissioner Of Income Tax 27, 401, 4Th Floor, Tower No.6, Vashi Rly. Station Commercial Complex, Vashi, Navi Mumbai 400 703 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Vijay Mehta ""तवाद" "वारा/Respondent By : Shri Azhar Zain सुनवाई क" "त"थ/ Date Of Hearing : 02/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/05/2022 आदेश/ Order

For Appellant: Shri Vijay MehtaFor Respondent: Shri Azhar Zain
Section 142(1)Section 143(3)Section 263

substantiate his contentions. Since, the Assessing Officer had examined the issue during the course of assessment proceedings it is not a case of lack of enquiry. Merely for the reason that the Assessing Officer had taken a view which does not coincide with the view of the PCIT, would ... Assessing Officer as well as the PCIT we are of the considered view that it is not a case of no enquiry. Lack of enquiry and inadequate enquiry stand on different pedestal. The Hon’ble Bombay High Court in the case of CIT vs. Nirav Modi reported

M/S. Charoen Pokphand Seeds (India) Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result the appeal filed by the assessee stands dismissed

ITA 311/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner Of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, Hal Iii Stage, Vs. Bengaluru. Bangalore – 560 075. Pan: Aaccc3259N Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Bijoy Kumar Panda, Cit Revenue By (Dr) Date Of Hearing : 21-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Order U/S. 263 Dated 30.03.2021 Passed By The Ld.Pr.Cit, Bengaluru – 2, Bengaluru For Assessment Year 2016-17 On Following Revised Grounds Of Appeal: “The Appellant Objects To The Revision Order Passed U/S. 263 On The Following Grounds In So Far As It Is Prejudicial To The As It Is Opposed To Law & Circumstances Of The Case: - Originally The Appellant Has Taken Only One Ground Relating To Deduction U/S.35(2Ab). The Following Grounds Were Not Taken By Oversight. Hence The Appellant Is Filing Revised Grounds Of Appeal As Mentioned Below.

For Appellant: Shri C. Ramesh, CA
Section 10Section 10(1)Section 10ASection 143Section 143(3)Section 263Section 35

been detailed enquiry by the Ld.AO in respect of a liability of agricultural income as exempt from tax. He submitted that lack of enquiry by the Ld.AO in respect of the issue raised in the revisionary proceeding amounts to the assessment order to be erroneous in so far as prejudicial

Piramal Investment Opportunities Fund, Mumbai vs. Pr. CIT, Range-20, Mumbai

Appeal of the assessee is allowed

ITA 700/MUM/2021[2015-16]Status: DisposedITAT Mumbai11 Apr 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 700/मुं/2021 ("न. व. 2015-16 ) Piramal Investment Opportunities Fund, Piramal Tower, Ganpatrao Kadam Marg, Lower Parel(West), Mumbai 400 013 Pan: Aactp-3767-H ...... अपीलाथ" /Appellant बनाम Vs. Pr.Commissioner Of Income Tax, Range -20, Room No.418, 4Th Floor, Piramal Chamber, Lal Baug, Parel, Mumbai 400 012. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Ronak Doshi ""तवाद" "वारा/Respondent By : S/Shri R.K.Sahu & Milind Chavan सुनवाई क" "त"थ/ Date Of Hearing : 14/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 11/04/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Principal Commissioner Of Income Tax, Mumbai -20 (In Short ‘The Pcit’) Dated 12/03/2021 For Assessment Year 2015-16, Passed U/S. 263 Of The Income Tax Act, 1961 ( In Short ‘ The Act’ )

For Appellant: Shri Ronak DoshiFor Respondent: S/Shri R.K.Sahu and Milind Chavan
Section 143(2)Section 143(3)Section 263Section 61

income of the assessee. Therefore, it is not a case of no enquiry. At the most there could have been inadequate enquiry. Lack of enquiry and inadequate enquiry are on different pedestal. It is a trait law that where Assessing Officer has made enquiry on the issues during assessment proceedings

Bank of Baroda(E-Dena Bank), Mumbai vs. The Pr. CIT - 2, Mumbai

In the result, appeal by the assessee is allowed

ITA 1685/MUM/2020[2015-16]Status: DisposedITAT Mumbai11 Apr 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं.1685/मुं/2020 ("न. व. 2015-16) Bank Of Baroda (E-Dena Bank) 2Nd Floor, Accounts & Taxation Dept. C-26, G-Block, Baroda Corporate Centre, Bandra Kurla Complex, Bandra (E), Mumbai- 400 051 Pan: Aaacd-4249-B ...... अपीलाथ" /Appellant बनाम Vs. The Principal Commissioner Of Income -2, Aaykar Bhavan, M.K. Road, Mumbai 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Ananthan & Ms. Lalitha Rameswaram ""तवाद" "वारा/Respondent By : S/Shri Rahul Raman & Milind Chavan सुनवाई क" "त"थ/ Date Of Hearing : 14/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 11/04/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Principal Commissioner Of Income Tax -2, Mumbai ( In Short ‘The Pcit-2’) Dated 13/03/2020 For Assessment Year 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 ( In Short ‘The Act’).

For Appellant: Shri Ananthan &For Respondent: S/Shri Rahul Raman & Milind Chavan
Section 115JSection 142(1)Section 143(3)Section 14ASection 263Section 43B

Finally, the ld. Authorised Representative for the assessee concluded his submissions assailing the finding of PCIT that it is not a case of lack of enquiry, infact, the findings of the PCIT are factually incorrect and contrary to the records. The Assessing Officer made enquiries in respect ... been examined by the Assessing Officer during assessment proceedings, hence, the PCIT has rightly invoked revisional jurisdiction u/s. 263 of the Act. Lack of enquiry by Assessing Officer has rendered the assessment order erroneous and prejudicial to the interest of Revenue. 4. We have heard the submissions made by rival