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“Section 263(2)”

Section References (mined)Section 263Section 263(2)80 judgments

The decision most relied on for Section 263(2) is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 judgments on BharatTax.

Leading authorities on Section 263(2)

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.

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

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. Gabriel India Ltd.
203 ITR 108 · 1993 · High Court
990
citing judgments

The Commissioner cannot revise an assessment order under Section 263 merely because they hold a different opinion or believe a deeper inquiry was warranted if the Assessing Officer has applied their mind and conducted some inquiry. Revision under Section 263 is permissible only in cases of a complete lack of inquiry or non-application of mind by the Assessing Officer, not for merely inadequate inquiry.

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.

State Bank Of India v. CIT
389 ITR 578 · 2016 · High Court
817
citing judgments

Income arising from a cooperative society's surplus funds invested in short-term deposits and securities is not attributable to the society's core activities and, therefore, is not eligible for exemption under Section 80P(2)(a)(i) of the Income-tax Act.

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.

Gee Vee Enterprises v. Addl. CIT
99 ITR 375 · 1975 · High Court
543
citing judgments

An assessment order is erroneous and prejudicial to the interest of revenue if the Assessing Officer fails to make proper inquiries before accepting the assessee's statements or claims. The Commissioner can revise such an order under Section 263 without conducting further inquiries himself.

Judgments citing Section 263(2)

Raj Real Estate & Finvest Private Limited, Mumbai vs. Principal CIT-5, Mumbai

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

ITA 538/MUM/2022[2012-13]Status: DisposedITAT Mumbai03 Oct 2022AY 2012-13

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 538/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2012-13) Pcit Mumbai-5, Raj Real Estate & Finvest Pvt. R. No. 515, 5Th Floor, Ltd. बनाम/ Aayakar Bhavan, M. K. 1807, Panchartna Building, Vs. Road, Mumbai-400 020 Mama Parmanand Marg Opera House, Mumbai-400 004 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aabcr3037J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Suchek Anchaliya T Tushar Nagori, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Shri Mahita Nayar, Ld. Dr सुनवधईकीतधरीख/ : 07.07.2022 Date Of Hearing घोर्णधकीतधरीख / : 03.10.2022 Date Of Pronouncement

For Appellant: Shri Suchek Anchaliya TFor Respondent: Shri Mahita Nayar, Ld. DR
Section 10(38)Section 143(1)Section 143(3)Section 147Section 148Section 22Section 263Section 68

done beyond a period of two years prior to the notice dated March 17. 2009, issued under section 263 of the Act. Section 263(2) of the Act provides that the order would be made in exercise of the jurisdiction under section 263(1) of the Act after the expiry

Sivakumaran Pugazhendhi, Chennai vs. PCIT, Chennai-4

In the result, the appeal of the assessee is allowed

ITA 27/CHNY/2022[2014-15]Status: DisposedITAT Chennai21 Sept 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.27/Chny/2022 िनधा"रण वष" /Assessment Year: 2014-15 Sivakumaran Pugazhendhi, The Principal Commissioner 70 Raja Agraharam Street, Vs. Of Income Tax, Poonamalle, Chennai-4. Chennai – 600 056. [Pan: Aiapp-7309-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. T.V. Muthu Abirami, Advocate ""यथ" क" ओर से /Respondent By : Shri M. Rajan, Cit सुनवाई क" तारीख/Date Of Hearing : 05.09.2022 : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R

For Appellant: Ms. T.V. Muthu Abirami, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 147Section 263

issue concerning the re-assessment proceeding or arises out of the original assessment proceeding for the purpose of limitation under section 263(2) of the Act. 12. As per section 263 of the Act, the authority concerned has the power to revise any order, as referred to in sub section ... assessment order passed under section 143(3) of the Act and not the re-assessment order. Therefore, the period of limitation prescribed under section 263(2) of the Act would run from the original assessment order. 18. Being conscious of the fact that the original assessment order could