In section 263 of the Income-tax Act, in sub-section (1), the Explanation shall be numbered as
Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be
inserted with effect from the 1st day of June, 2015, namely:—
“Explanation 2.—For the purposes of this section, it is hereby declared that an order passed by
the Assessing Officer shall be deemed to be erroneous in so far as it is prejudicial to the interests of
the revenue, if, in the opinion of the Principal Commissioner or Commissioner,—
(a) the order is passed without making inquiries or verification which should have been made;
(b) the order is passed allowing any relief without inquiring into the claim;
(c) the order has not been made in accordance with any order, direction or instruction issued
by the Board under section 119; or
(d) the order has not been passed in accordance with any decision which is prejudicial to the
assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee
or any other person.”.
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