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“revision under section 263”

Rectification & RevisionSection 263Section 263558 judgments

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

Leading authorities on revision under section 263

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.

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.

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.

Parashuram Pottery Works Co. Ltd. v. ITO
106 ITR 1 · 1977 · Supreme Court
486
citing judgments

The principle of finality dictates that stale issues should not be reactivated, and lapse of time brings repose to judicial and quasi-judicial controversies. A Commissioner cannot substitute their judgment for the Assessing Officer's unless the assessment order is legally erroneous, not merely less elaborate, thus limiting revisionary powers under Section 263.

CIT v. Vikas Polymers
341 ITR 537 · 2012 · High Court
318
citing judgments

An assessment order is not erroneous and prejudicial under Section 263 merely because the Assessing Officer did not record an enquiry and its satisfactory answer in the assessment order, provided such an enquiry was conducted. For revision under Section 263, the Commissioner must also provide the assessee an opportunity of being heard and examine their explanation.

Judgments citing revision under section 263

Sardarsarovar Narmada Nigam Ltd., Gandhinagar vs. The Pr. CIT, Ahmedabad-3, Ahmedabad

In the result, the appeal filed by the assessee stands dismissed

ITA 821/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad24 Apr 2025AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.821/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Sardarsarovar Narmada The Pr.Cit, बनाम/ Nigam Ltd. Ahmedabad-3 V/S. Block-12, 1St Floor Ahmedabad – 380 014 Near Sachivalaya Complex Gandhiangar -382 010 (Gujarat) "थायी लेखा सं./Pan: Aaccs 6704 L अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Ms. Arti N. Shah, Ar Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 22/04/2025 घोषणा की तारीख /Date Of Pronouncement: 24/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Ms. Arti N. Shah, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 143(3)Section 144BSection 263Section 37(1)

submissions and documents filed, consciously accepted the returned loss, and therefore, the order cannot be regarded as erroneous so as to warrant revision under section 263 of the Act. 8.1. However, on a careful examination of the assessment records and the submissions made, we find that while the assessee ... down that the failure of the Assessing Officer (in present case FAO) to examine crucial issues during assessment renders the order susceptible to revision under section 263 of the Act. Explanation 2(a) to section 263 of the Act inserted by the Finance Act, 2015, also creates a deeming fiction

Hemant Fabrics Pvt. Ltd., New Delhi vs. Pr.CIT, Panchkula

The appeal of the assessee is allowed

ITA 206/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh25 Mar 2025AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 206/Chd/2023 निर्धारण वर्ष / Assessment Year: 2018-19 Hemant Fabrics Pvt.Ltd., C-95, Mahendru Enclave, G.T.Karnal Road, New Delhi. Vs The Pcit, Panchkula. स्थायी लेखा सं./Pan No: Aadcm2810N अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By : Shri Ajay Jain, C.A. Revenue By : Shri Rohit Sharma, Cit Dr Date Of Hearing : 05.03.2025 Date Of Pronouncement : 25.03.2025 Per Rajpal Yadav, Vp Hybrid Hearing Order The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (In Short ‘Cit') Dated 22.03.2023 Passed Under Section 263 Of The Income Tax Act, 1961 In Assessment Year 2018-19. 2. The Assessee Has Taken Three Grounds Of Appeal, However Its Grievance Revolves Around A Single Issue Namely

For Appellant: Shri Ajay Jain, C.AFor Respondent: Shri Rohit Sharma, CIT DR
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 263

fresh order. 11. A perusal of sub-clause (c) of the above would contemplate that if any order, which is subject matter for revision under section 263 is challenged in appeal, then, on the items which are subject matter of appeal, no power under section 263 could be exercised