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“Malabar Industrial”

Judicial DoctrinesMalabar - 263Malabar - 2631,099 judgments

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

Leading authorities on Malabar Industrial

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.

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.

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.

Mantola Co-operative Thrift & Credit Society Ltd. v. CIT
50 Taxmann.com 278 · 2014 · High Court
242
citing judgments

A cooperative society is not entitled to deduction under Section 80P(2)(a)(i) for interest income earned from investments and deposits which are not attributable to its primary business. An assessment order erroneously allowing such a deduction is revisable under Section 263 as being erroneous and prejudicial to the revenue, or subject to reassessment under Section 147.

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.

Grasim Industries Ltd. v. CIT
321 ITR 92 · 2010 · High Court
194
citing judgments

This case clarifies the scope of the Commissioner's revisional powers under Section 263 of the Income-tax Act, holding that an assessment order can only be revised if it is both erroneous and prejudicial to the interests of the revenue, echoing the principles laid down in Malabar Industrial.

Judgments citing Malabar Industrial

Srl Construction Pvt Ltd, Jalna vs. ACIT, Central Circle 2, Aurangabad

In the result, appeal of the assessee is dismissed

ITA 847/PUN/2024[2019-20]Status: DisposedITAT Pune29 Jan 2025AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.847/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Srl Construction Pvt. Ltd., V The Acit, 197, Khasgaon, Jafrabad, S Central Circle-2, Jalna – 444203. Aurangabad. Pan: Aaqcs7227L Appellant/ Assessee Respondent /Revenue Assessee By Shri Prateekjha – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 16/12/2024 Date Of Pronouncement 29/01/2025 आदेश/ Order Per Dr.Dipak P.Ripote, Am : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central)-Nagpur, Passed Under Section 263 Of The Income Tax Act, 1961; Dated 08.03.2024 For A.Y.2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. A) On The Facts & Circumstance Prevailing In The Case & In Law, Honorable Pr. Cit (Central), Nagpur Has Erred In Not Considering The Submission Made By The Appellant In Fair And

Section 143(3)Section 263Section 40A(3)

that these paragraphs explains that ld.Pr.CIT had applied her mind. Ld.DR relied on the order of Hon’ble Supreme Court in the case of Malabar Industries, Hon’ble Bombay High Court in the case of Vedanta Limited, ITAT in Stewards & Lloyds of India Ltd. Vs. CIT (ITAT Kolkata) [67 taxmann.com ... verifying and examining all the relevant facts of the case, legal position and giving adequate opportunity of being heard to the Assessee. 24. In Malabar Industrial Co. Ltd. v. CIT [2000] 109 Taxman 66/243 ITR 86 (SC) the Hon'ble Supreme Court has held that the CIT can pass

Skill Promoters Holding and Leasing Private Limited, Hyderabad vs. DCIT., Central Circle-2(3), Hyderabad

In the result, appeal filed by the assessee is dismissed

ITA 370/HYD/2023[2019-20]Status: DisposedITAT Hyderabad29 Jan 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.370/Hyd/2023 (निर्धारण वर्ा/Assessment Year: 2019-20) M/S Skill Promoters Vs. Pcit (Central) Holding & Leasing Hyderabad Private Limited Hyderabad [Pan : Aascs8012P] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri B.Bala Krishna,Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/01/2025 घोर्णध की तधरीख/Date Of 29/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.06.2023 Of The Learned Principal Commissioner Of Income Tax (Central) (Ld.Pcit), Hyderabad, Pertaining To A.Y.2019-20 On The Following Grounds : 1. The Order Passed U/S 263 Of The Act Dated 23.06.2023 Is Erroneous Both On Facts & In Law. 2. The Ld.Pr.Cit Erred In Holding That The Assessment Order Dated 26.09.2021 Passed U/S 153A Is Erroneous In So 2

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri B.Bala Krishna,CIT-DR
Section 127Section 132Section 143(2)Section 153ASection 263Section 37

revenue under the provisions of Clause (a) to Explanation 2 to Section 263(1) of the Act. iv. Coming to the case of M/s Malabar Industries on which the assessee has relied upon, Hon'ble Supreme Court has held that the phrase ‘prejudicial to the interest of Revenue ... Private Limited (2023) 149 Taxmann.com 115 Hon'ble Supreme Court has observed that as laid down in the decision of the Apex Court in Malabar Industrial Company Limited Vs.CIT (2000), the scheme of Income Tax is to levy and collect tax in accordance with the provisions

M/S N.A.M. Expressway Limited, Delhi vs. ACIT., Circle-5(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 580/HYD/2024[2018-19]Status: DisposedITAT Hyderabad28 Jan 2025AY 2018-19

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.580/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19) N.A.M.Expressway Ltd. Vs. Acit, Circle-5(1) Delhi Hyderabad [Pan : Aadcn3131D] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Salil Kapoor, Ms Ananya Kapoor & Shri Tarun Chanana, Ar (Through Virtual Mode) रधजस् व द्वधरध/Revenue By: Shri Shiva Sewak, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 30/10/2024 घोर्णध की तधरीख/Date Of 28/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2019 Of The Learned Principal Commissioner Of Income Tax [Ld.Pcit], Hyderabad-4 Pertaining To A.Y.2018-19 On The Following Grounds :

For Appellant: Shri Salil KapoorFor Respondent: Shri Shiva Sewak, CIT-DR
Section 143(3)Section 263Section 37(1)Section 43B

Assessing Officer during the assessment proceedings. This principle, further supported by the decision of Hon'ble Supreme Court in the case of Malabar Industries Co.Ltd (2000) 243 ITR 83 (SC), wherein, it is clearly held that in order to invoke jurisdiction u/s 263, the order of the ITO in question ... back to various case laws relied upon the assessee. The assessee relied upon the decision of Hon'ble Supreme Court in the case of Malabar Industries Co.Ltd (2000) 243 ITR 83 (SC). Hon'ble Supreme Court in light of provisions of section 263 held as under : 18 M/s N.A.M.Expressway Limited

Cambridge Technology Enterprises Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 536/HYD/2019[2012-13]Status: DisposedITAT Hyderabad24 Jan 2025AY 2012-13

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.536/Hyd/2019 (निर्धारण वर्ा/Assessment Year: 2012-13) M/S Cambridge Technology Vs. Dcit Enterprises Limited Circle-1(2) Hyderabad Hyderabad [Pan :Aaacu3358G] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao, Ar रधजस् व द्वधरध/Revenue By: Shri Shiva Sewak, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 28/10/2024 घोर्णध की तधरीख/Date Of 24/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2019 Of The Learned Principal Commissioner Of Income Tax [Ld.Pcit], Hyderabad Pertaining To A.Y.2012-13. 2. The Brief Facts Of The Case Are That The Assessee Company, Engaged In The Business Of Rendering Software Services, Filed Its Return Of Income For The A.Y.2012-13 On 26.09.2012, Admitting Total Income Of Rs.4,05,55,380/- Under Normal Provisions Of Income Tax Act, 1961 (“The Act”) & Rs.1,47,09173/-

For Appellant: Shri P.Murali Mohan RaoFor Respondent: Shri Shiva Sewak, CIT-DR
Section 115JSection 143(3)Section 263Section 37(1)

interest of the Revenue is incorrect. In this regard, he relied upon the decision of Hon'ble Supreme Court in the case of Malabar Industrial Co.Ltd. Vs. CIT (2000) 109 Taxman.com 66 (SC) and also the decision of Hon'ble Delhi High Court in the case of D.G.Housing Project ... prejudice to the interest of the Revenue and this principle is supported by the decision of Hon'ble Supreme Court in the case of Malabar Industrial Co.Ltd Vs. CIT (supra). Therefore, in light of certain legal position and facts of the present case, we need to examine the reasons given