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“inadequate enquiry”

Rectification & RevisionSection 263Section 263401 judgments

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

Leading authorities on inadequate 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. 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.

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. Nirav Modi
390 ITR 292 · 2017 · High Court
286
citing judgments

The Principal Commissioner of Income Tax (PCIT) cannot invoke revisionary powers under Section 263 merely on the ground of "inadequate enquiry" by the Assessing Officer (AO) if the AO has conducted an enquiry, examined evidence, and formed a possible view. For Section 263 to apply, the PCIT must demonstrate that the assessment order is both erroneous (contrary to law) and prejudicial to the revenue.

CIT v. Amitabh Bachchan
384 ITR 200 · 2016 · Supreme Court
264
citing judgments

The Commissioner's revisional power under Section 263 of the Income Tax Act is not limited to the points specified in the show-cause notice, nor is the exercise of this power contingent upon issuing a show-cause notice.

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.

Judgments citing inadequate enquiry

Shri Shamlaji Aarogya Seva Trust, Godhra vs. The Pr. CIT (Central), Surat at -Vadodara

In the result, the appeal of the Assessee is dismissed

ITA 138/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad04 Sept 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.138/Ahd/2022 "नधा"रण वष" /Assessment Year : 2017-18 Shri Shamlaji Aarogya Seva Trust The Pr.Cit (Central) बनाम/ Kanelav Road Surat At Vadodara Dhahod Road V/S. Godhra – 389 001 "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri H. Phani Raju, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 29/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 04 /09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Passed By The Ld.Principal Commissioner Of Income Tax (Central), Surat [Hereinafter Referred To As "Pcit"] Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], For The Assessment Year (Ay) 2017-18, Wherein The Pcit Held That The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) Of The Act, Dated 16.11.2019, Was Erroneous & Prejudicial To The Interests Of

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri H. Phani Raju, CIT-DR
Section 12ASection 13(3)Section 133ASection 142(1)Section 143(3)Section 263

Ld.PCIT has rightly invoked his power of revision u/s 263 of the Act. The Ld.DR also stated that the present case is of inadequate enquiry by the AO and, therefore, the order is prejudicial to the interests of the Revenue. The Ld.DR placed reliance on some judicial precedents including

DCIT 14.1.1, Mumbai vs. Aadi Industries Ltd, Mumbai

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

ITA 3215/MUM/2024[2010-11]Status: DisposedITAT Mumbai13 Aug 2024AY 2010-11

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawaldcit – 14(1)(1), Vs. M/S.Aadi Industries Ltd 320/7, Siddhivinayak Room No. 432, 4Th Floor Housing Society, Aayakar Bhavan, Hingwals Lane, M.K.Road, Ghatkopar (East), Mumbai -400020. Mumbai – 400075. Pan/Gir No. Aaacj8256G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By Shri Manoj Kumar Sinha, Sr. Dr Respondent By None सुनवाई क" तार"ख/Date Of Hearing 07.08.2024 घोषणा क" तार"ख/Date Of Pronouncement 12.08.2024 Order Per Pavan Kumar Gadale, Jm: “ The Appeal Is Filed By The Revenue Against The Order Of National Faceless Appeal Centre(Nfac), Delhi / Cit(A) Passed U/Sec143(3) R.W.S263 U/Sec 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

Section 143(3)

wherein the Hon'ble Delhi High Court drew a distinction between "Lack of 9 M/s Aadi Industries Ltd, Mumbai inquiry" and "inadequate enquiry" and held that in the case of inadequate enquiry, provisions under section 263 cannot be invoked. In our opinion, in the instant case, this is neither ... case of inadequate enquiry nor lack of enquiry at the regular assessment stage. 28. Taking into consideration the entire gamut of facts and judicial decisions, placed before us, we are of the considered opinion that the CIT could not have invoked the jurisdiction under section 263 without his own independent

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

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 by the AO. 4. The Learned PCIT erred in not appreciating the fact that when two views are possible on a given issue ... fully relied on the order of the Ld.PCIT. The Id.DR mentioned that no verification was properly made by the Ld.AO and there is an "inadequate enquiry” was done. The Id.DR prayed for upholding of the revisionary order passed under section 263 of the Act. 8. We heard the rival submission

Schneider Electric Systems India Pvt. Ltd., Chennai vs. PCIT 3, Chennai

The appeal stand partly allowed

ITA 1568/CHNY/2024[2015-16]Status: DisposedITAT Chennai10 Jul 2024AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1568/Chny/2024 (िनधा)रण वष) / Assessment Year: 2015-16) & +े यािचका सं../ S.A No.28/Chny/2024 (Arising Out Of Ita No.1568/Chny/2024) (िनधा)रण वष) / Assessment Year: 2015-16) M/S. Schneider Electric Systems India P. Ltd. Pcit Sp Plot No.16-19 & 20A, Chennai-3. बनाम/ Taramani Tech Park Inner Ring Road, Thiru Vi Ka Industrial Estate, Vs. Guindy Industrial Estate S.O. Guindy, Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcs-8027-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Rohit Tiwari (Advocate) (Virtual) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 01-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 10-07-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Rohit Tiwari (Advocate) (Virtual) - Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. DR
Section 143(3)Section 147Section 263Section 37Section 40A(9)

claim. The issue whether the fund was approved fund was not examined / verified. Therefore, we would conclude that it was a case of inadequate enquiry which justifies invocation of revisionary powers u/s 263. 10. The Ld. AR, has submitted that the claim could alternatively be allowed on merits

Krishan Gas Agency, Bangalore vs. Assisstant Commissioner of Income Tax, Circle-3 (2)(1), Bangalore

In the result, the appeal filed by assessee stands allowed for 11

ITA 540/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeykrishan Gas Agency Acit, Circle - 3(2)(1) No. B-6, Gda Shopping Complex Bmtc Building, 80 Feet Road Mrcr Layout, Vijaya Nagar Vs. 6Th Block, Koramangala Bangalore 560040 Bengaluru 560095 Pan – Aaffk4416P (Appellant) (Respondent) Assessee By: Smt. Suman Lunkar, Ca Revenue By: Shri V. Parithivel, Jcit Date Of Hearing: 07.05.2024 Date Of Pronouncement: 12.06.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (‘Learned Cit(A)’) Dated 29.01.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1060208638 (1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income-Tax (Appeals) Has Erred In Partially Confirming The Order Passed By The Assessing Officer. The Appellate Order As Passed To The Extent Confirming He Assessment Order Is Bad In Law & Are Required To Be Quashed. 2. Without Prejudice, The Learned Cit(A) Has Erred In Partially Confirming The Addition Made By The Assessing Officer To The Extent

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri V. Parithivel, JCIT
Section 115BSection 143(3)Section 234BSection 250Section 68

Further the learned A.R. submitted that as the verification of cash deposited is not in accordance with the directions of the CBDT, there is inadequate enquiry in respect of cash deposited during demonetization period. We are of the opinion that admittedly the assessee had accepted the SBNs which were