ITR
Both erroneous and prejudicial conditions must be met
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
No. The order must be both erroneous and prejudicial to the interests of revenue. If either condition is missing, revision is not valid.
Provisions and law
- Sec 263, Income-tax Act 1961 (now Sec 377, Income-tax Act 2025)The Principal Commissioner or Commissioner can revise an assessment order that is erroneous and prejudicial to revenue, after giving a hearing, within 2 years from the end of the financial year of the order.
Analysis
An order can be wrong in a way that does not reduce tax, for example a wrong head of income with the same tax. That is not prejudicial. And an order that reduces tax but follows a legally possible view is not erroneous. Address both conditions in your reply.
Conclusion
- Identify the exact error alleged.
- Show whether it actually reduced tax.
- Show whether the officer's view was legally possible.
- Address both conditions in the reply.
A Savvy can do this for you
Revision, Sec 263 (now 377)
₹4,999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.