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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

M/S. Dharti Engineers, Amreli vs. The Pr. CIT-1, Rajkot

In the result, assessee’s appeal is allowed

ITA 198/RJT/2022[2017-18]Status: DisposedITAT Rajkot29 Aug 2023AY 2017-18

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 198/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2017-18) M/S. Dharti Engineers The Pcit-1 बनाम/ Sardar Nagar Street No.1, Rajkot Vs. Chakkargadh Road,Amreli - 365601 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadfd8555E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Appellant By : Shri D. M. Rindani, A.R. Respondent By : Shri Shramdeep Sinha, Cit.D.R. सुनवाई क" तार"ख /Date Of Hearing 22/08/2023 घोषणा क" तार"ख /Date Of 29/08/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 21.01.2022 Passed By The Principal Commissioner Of Income Tax-3, Rajkot (In Short ‘The Pcit’) Holding The Assessment Order Dated 10.12.2019 Passed By The Dc/Acit, Cir-3(1), Rkt Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) Erroneous & Prejudicial To The Interest Of Revenue & Setting Aside The Issue To The File Of The Ld. Ao With A Direction Upon Him To Pass A Fresh Assessment Only To The Extent Of The Issues In Respect Of The Provision Of Section 40A(3) Of The Act With Proper Enquiry & Verification Of The Claim & Its Genuineness For A.Y. 2017-18. Ita No. 198/Rjt/2022 (M/S. Dharti. Engineers Vs. Pcit) A. Y. 2017-18 - 2- 2. The Short Fact Leading To The Case Is This That The Assessee By Paying Huge Cash In Excess Of Rs.20,000/- Alleged To Have Violated The Provision Of Section 40A(3) Of The Act. The Details Whereof Has Been Reproduced In The Order Passed By The Ld. Cit(A) In The Following Manner:

For Appellant: Shri D. M. Rindani, A.RFor Respondent: Shri Shramdeep Sinha, CIT.D.R
Section 143(3)Section 263Section 40A(3)

assessee. A show cause notice, therefore, dated 20.07.2021 was issued proposing to subject the assessment order of the Ld. AO to revision under Section 263 of the Act. The same annexed to the paper book filed by the assessee appearing at Page No.3 to 5 therein is also reproduced hereinbelow