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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

Nandivardhan Construction Pvt Ltd., Thane vs. DCIT CC-2, Thane

In the result, the appeal filed by the assessee is hereby allowed

ITA 4973/MUM/2019[2007-08]Status: DisposedITAT Mumbai28 Apr 2022AY 2007-08

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 4973/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2007-08) बिधम/ Nandivardhan Construction Dcit, Central Circle-2 Ashar It Park, 6Th Floor, Pvt. Ltd. Vs. 201, 2Nd Floor, Oasis Silver Wagle Industrial Estate Stone, Near Gajanan (West), Thane-400604. Maharaj Temple Ram Maruti Road, Thane-West, Thane- 400601. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccn1260G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Prateek Jain Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 29.02.2016 Passed By The Commissioner Of Income Tax (Appeals)-11, Pune [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2007-08 In Which The Penalty Levied By Ao Has Been Ordered To Be Confirmed. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Appellant’S Case & In Law, The Notice Issued Under Section 274 Read With Section 271(1)(C) By The Ld. Assessing Officer Without Recording Any Satisfaction Is Bad In Law & The Consequential Penalty Order

For Appellant: Shri Prateek JainFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 132Section 139(1)Section 143(2)Section 153ASection 271Section 271(1)(c)Section 274

impugned order, therefore, suffers from non- application of mind. It was also bound to comply with the principles of natural justice. (See Malabar Industrial Co. Ltd. v. CIT [2000] 2 SCC 718]” 9. Factually speaking, the aforesaid plea of assessee is borne out of record and having regard

Chalk Farm Ventures P. Ltd., Mumbai vs. Pr. CIT -1, Thane

In the result, the appeal of the assessee is hereby allowed

ITA 906/MUM/2021[2016-17]Status: DisposedITAT Mumbai26 Apr 2022AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.906/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2016-17) बनधम/ Chalk Farm Ventures Pvt. Pcit-1 Ltd. B Wing, Ashar It Park, Vs. 6Th Floor, Wagle No.202, Delta Building, Hiranandani Gardens, Powai, Industrial Estate, Thane- Mumbai-400076. 400604 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aagcc0332A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Parikh Revenue By: Shri Ashok Kumar Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 21/03/2022 घोषणा की तारीख /Date Of Pronouncement: 26/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 26.03.2021 Passed By The Principal Commissioner Of Income Tax-01, Thane [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2016-17 In Which The Principal Commissioner Of Income Tax-01 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. “Ground A: Proceeding U/S 263 Of The It Act Is Invalid & Bad In Law 1. The Learned Principal Commissioner Of Income Tax, Thane-1, (Pr. Cit) Erred In Facts & In Passing The Order U/S. 263 Without Appreciating That The Appellant Company Was Under Liquidation & No Order U/S. 263 Could Be Passed Without Giving Adequate Notice To The Liquidator Of The Appellant Company. 2. He Appellant Prays That Your Honour Hold That The Order Passed By The Ao U/S. 263 Is Bad In Law As The Same Is Passed Without Issuing Notice To The Liquidator Of The Appellant Company.

For Appellant: Shri Sanjay ParikhFor Respondent: Shri Ashok Kumar Kardam (DR)
Section 143(3)Section 263Section 371(1)

possible view. The assessment is not further liable to be reopened. In this regard, we also find support of the law settled in Malabar Industrial Co. Ltd. V CIT (2000) 243 ITR 83 (SC), CIT Vs. Gabriel India Ltd. (1993) 203 ITR 108, CIT Vs. Nirav Modi

The Indian Hotels Co. Ltd., Mumbai vs. Pr. CIT-1, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 950/MUM/2021[2014-15]Status: DisposedITAT Mumbai12 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.950/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2014-15) बनधम/ The Indian Hotels Company Pcit-1 Room No.330, 3Rd Floor, Ltd. Vs. 9Th Floor, Express Towers, Aayakar Bhavan, Barrister Rajini Patel Marg, Maharishi Karve Road, Nariman Point, Mumbai- Mumbai-400020. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact3957G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri K. K. Ved Revenue By: Shri Surendra Kumar (Dr) सुनवाई की तारीख / Date Of Hearing: 17/03/2022 घोषणा की तारीख /Date Of Pronouncement: 12/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.03.2021 Passed By The Principal Commissioner Of Income Tax-01, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2014-15 In Which The Principal Commissioner Of Income Tax-01 Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “Re.: Validity Of Order U/S, 263; On The Facts & In The Circumstances Of The Case & In Law, The Impugned Order Dated 31 March 2021 Passed Under Section 263 Of The Act Is Without Jurisdiction & Bad In Law. Without Prejudice To The Above, On The Facts & Circumstances Of The Case & In Law, The Principal Commissioner Of Income Tax (“Pcit”) Has Erred In Passing The Order Dated 31 March 2021 U/S. 263 Of The Act.

For Appellant: Shri K. K. VedFor Respondent: Shri Surendra Kumar (DR)
Section 143(3)Section 144CSection 263Section 36

invoking the revisional power u/s 263 of the Act. In this regard, we also find support of the law settled in the case of Malabar Industrial Co. Ltd. (243 ITR 83), CIT Vs. Nirav Modi (390 ITR 292), Aditya Builders (2017) 79 taxmann.com 394, CIT Vs. Tata Teleservices ... second view if any taken by Ld. PCIT. In this regard, we also find support of the decision in the case of Malabar Industrial Co. Ltd. (243 ITR 83), CIT Vs. Nirav Modi (390 ITR 292), Aditya Builders (2017) 79 taxmann.com 394, CIT Vs. Tata Teleservices

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

DCIT, 111 taxamann.com 353(Cochin- Trib) (ii) Ballarpur Industries Ltd., 85 taxamann.com 10(Bom) (iii) CIT vs.MM Khambhatwala, 198 ITR 144 (Guj) (iv) Malabar Industrial Co. Ltd., vs. CIT 109 Taxman 66(SC) (v) Rajmandir Estates Pvt. Ltd., vs. PCIT 70 taxmann.com 124(Cal) (vi) Swarup Vegetable Products

Memon Co Op Bank Ltd, Mumbai vs. DCIT 1(3)(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 5990/MUM/2019[2009-10]Status: DisposedITAT Mumbai08 Mar 2022AY 2009-10

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5990/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) Memon Co-Op Bank Ltd बिधम/ Dcit-1(3)(2) C/O Memon Co-Op Bank Aaykar Bhavan, M. K. Road, Vs. Ltd, Patel & Sony Arcade, Mumbai-400020. 234 Bellasis Road, Nagpada, Mumbai-400008. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaat0066G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Pankaj Toprani Revenue By: Ajay Chandra (Dr) सुनवाई की तारीख / Date Of Hearing: 02/02/2022 घोषणा की तारीख /Date Of Pronouncement: 08/03/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 17.07.2019 Passed By The Commissioner Of Income Tax (Appeals)-03, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2009-10 Wherein The Penalty Levied By The Ao Has Been Ordered To Be Confirmed. 2. The Assessee Has Raised The Following Grounds: - “A. On The Facts & Circumstances Of The Case The Learned Cit(A) Erred In Confirming The Penalty Of Rs.70,61,337/- U/S 271(1)(C). B. The Learned C.1.T. (A) Failed To Appreciate That:

For Appellant: Shri Pankaj TopraniFor Respondent: Ajay Chandra (DR)
Section 143(3)Section 147Section 271(1)Section 271(1)(c)

impugned order, therefore, suffers from non- application of mind. It was also bound to comply with the principles of natural justice. (See Malabar Industrial Co. Ltd. v. CIT [2000] 2 SCC 718]” 9. Factually speaking, the aforesaid plea of assessee is borne out of record and having regard