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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

Shri Rajendra J Keshwani (HUF), Ahmedabad vs. The Pr. CIT- Central, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 118/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad18 Feb 2025AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.118/Ahd/2021 िनधा"रण वष" /Assessment Year : 2015-16 Shri Rajendra J. Keshwani The Pr.Cit बनाम/ (Huf) Central Circle V/S. 44, Asopalav Bungalows Ahmedabad Nr.Mukthidham Jain Temple Thaltej – 380 054 (Gujarat) "थायी लेखा सं./Pan: Aaehk 1973 J अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) ….. Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 12/02/2025 घोषणा की तारीख /Date Of Pronouncement: 18/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri V. Nandakumar, CIT-DR
Section 115BSection 143(3)Section 263Section 68

revision proceedings, pointing out that the assessment order had already merged with the appellate order and thus, there was no surviving basis for revision under Section 263 of the Act. However, the PCIT disregarded this submission and proceeded with the revisionary order directing the AO to disallow the deduction ... held that once an assessment order is adjudicated upon by the first appellate authority, it merges with the appellate order and cannot be revised under Section 263 of the Act. Further, it is pertinent to note that the PCIT himself acknowledged in para 6.1 of his order that

Sh. Tarun Mathur, Chandigarh vs. PCIT, Chandigarh-1, Chandigarh

In the result, the Assessee’s appeals on this issue is allowed

ITA 333/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh31 Dec 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 333/Chd/2023 "नधा"रण वष" / Assessment Year : 2018-19 Tarun Mathur बनाम The Pcit-1, 764, Sector 8-B, Chandigarh Chandigarh "थायी लेखा सं./Pan No: Amtpm7113P अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : Shri A.K. Jindal, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr & Shri K Mehboob Ali Khan, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 27.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 31.12.2024 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 28.03.2023 Passed By Principal Commissioner Of Income Tax, Chandigarh-1 (Herein Referred To As ‘ Pcit’ ] U/S 263 For A.Y. 2018-19. 2. Grounds Of Appeal Are As Under:-

For Appellant: Shri A.K. Jindal, CAFor Respondent: Smt. Kusum Bansal, CIT DR and Shri K Mehboob Ali Khan, CIT DR
Section 10Section 154Section 199Section 263

Assessing Officer is nil, such order even if erroneous being not prejudicial to the interests of the Revenue, is not open to revision under section 263 of the Act. Punjab Wool Syndicate v. ITO [2012] 17 ITR 439 (Chandigarh) (Trib.)” 6. The ld. DR relied on the order