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“revision u/s 263”

Rectification & RevisionSection 263Section 263521 judgments

The decision most relied on for revision u/s 263 is CIT v. Amitabh Bachchan (384 ITR 200), cited in 264 judgments on BharatTax.

Leading authorities on revision u/s 263

CIT v. Amitabh Bachchan
384 ITR 200 · 2016 · Supreme Court
264
citing judgments

The Commissioner's revisional power under Section 263 of the Income Tax Act is not limited to the points specified in the show-cause notice, nor is the exercise of this power contingent upon issuing a show-cause notice.

Grasim Industries Ltd. v. CIT
321 ITR 92 · 2010 · High Court
194
citing judgments

This case clarifies the scope of the Commissioner's revisional powers under Section 263 of the Income-tax Act, holding that an assessment order can only be revised if it is both erroneous and prejudicial to the interests of the revenue, echoing the principles laid down in Malabar Industrial.

CIT v. Nirma Chemical Works Ltd.
309 ITR 67 · 2009 · High Court
149
citing judgments

An assessment order is not erroneous or prejudicial under Section 263 merely because it is silent on a claim or lacks explicit reasons for its acceptance. Revision under Section 263 is impermissible if the Assessing Officer has taken a plausible view, even if the PCIT holds a different opinion.

Babulal C. Borana v. ITO
282 ITR 251 · 2006 · High Court
138
citing judgments

An assessment order becomes erroneous and prejudicial to the revenue, justifying revision under Section 263, if the Assessing Officer fails to conduct proper inquiries or apply his mind to relevant issues, such as the genuineness of purchases when corresponding sales are accepted, often leading to a remand for fresh adjudication.

CIT v. Jawahar Bhattacharjee
341 ITR 434 · 2012 · High Court
99
citing judgments

An assessment order is erroneous for the purpose of Section 263 if the Assessing Officer fails to apply mind to relevant material, proceeds on an incorrect assumption of facts, or makes an incorrect application of law.

CIT v. Vodafone Essar South Ltd.
212 Taxmann 184 · 2013 · High Court
86
citing judgments

When an Assessing Officer conducts an inquiry and considers the assessee's disclosures, the Commissioner cannot invoke Section 263 to revise the assessment on grounds of inadequate inquiry or a mere difference of opinion. The absence of a detailed discussion on an issue in the assessment order does not automatically mean the Assessing Officer failed to apply his mind.

Principal Commissioner of Income-tax, Surat-2 v. Shreeji Prints (P.) Ltd.
130 Taxmann.com 294 · 2021 · Supreme Court
78
citing judgments

A plausible view taken by the Assessing Officer, after due enquiry and verification, does not render an assessment order erroneous and prejudicial to the interest of revenue for the purpose of revision under Section 263, thereby limiting the scope of revisional powers.

Income-Tax v. Gokuldas Exports
333 ITR 214 · 2011 · High Court
42
citing judgments

An assessment order is not considered erroneous and prejudicial to the interests of the Revenue for invoking Section 263 if the Assessing Officer has adopted one of two possible views, even if the Commissioner of Income-tax disagrees with that view. The phrase 'prejudicial to the interests of the Revenue' must be read in conjunction with the expression 'erroneous'.

Judgments citing revision u/s 263

Mr. Abhisar Sharma, Noida vs. DCIT, New Delhi

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

ITA 3285/DEL/2015[2005-06]Status: DisposedITAT Delhi27 Jan 2021AY 2005-06

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2005-06 Mr. Abhisar Sharma, Vs Dcit, B-602, Plot No.F-2, Circle-64(1), The Crescent, B-Block, Room No.314, Sector-50, Pratyakshkar Bhawan, Noida. Civic Centre, New Delhi. Pan: Aigps3840N (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Lalit Mohan, Ca Revenue By : Shri J.K. Mishra, Cit-Dr. Date Of Hearing : 12.01.2021 Date Of Pronouncement : 27.01.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30Th March, 2015 Passed U/S 263 Of The It Act By The Pcit-22, Delhi, Relating To Assessment Year 2005-06. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 22Nd July, 2005 Declaring Income Of Rs.9,00,355/-. The Assessee In The Return Of Income Had Declared Income From Salary At Rs.9,81,964/- & Loss From House Property At Rs.81,609/-. The Return Was Processed U/S 143(1) Of The Act On 4Th July, 2006 At The Same Income. Subsequently, The Case Of The Assessee Was Reopened By Issue Of Notice U/S 148 Of The Act Dated 27Th March, 2012 After Obtaining Prior Approval Of The Addl. Cit, Range-7, New Delhi, Vide His Letter No.526 Dated 27Th March, 2012. The Ao Completed The Assessment U/S 147/143(3) On 28Th March, 2013, Determining The Income Of The Assessee At Rs.11,03,270/- As Against The Returned Income Of Rs.9,00,355/- Wherein He Made The Following Additions:-

For Appellant: Shri Gautam Jain, Advocate &For Respondent: Shri J.K. Mishra, CIT-DR
Section 127Section 143(1)Section 147Section 148Section 17Section 17(2)Section 263Section 68Section 69C

thus constituting a new fact of matter which has not been examined by the AO which in itself is adequate enough to justify revision u/s 263. (12)(F) Issue regarding inspection of records:- As regards inspection of records, it is not the case of the assessee that any issue, from