Section 263 of the Income Tax Act

Income-tax Act, 2025: s.377

Section 263 of the Income-tax Act, 1961 corresponds to section 377 (Revision of orders prejudicial to revenue) of the Income-tax Act, 2025.

Read section 377 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 263 is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 of the 13,616 judgments on BharatTax that turn on this section.

Leading authorities on 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.

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.

Madras Industrial Investment Corporation Ltd. v. CIT
225 ITR 802 · 1997 · Supreme Court
568
citing judgments

Expenditure that provides an enduring benefit should be amortized over its useful life, not allowed as a deduction in a single year, to prevent a distorted picture of profits. Specifically, premium paid on debentures for their issue should be amortized on a straight-line method over the life of the debentures.

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.

Subramanian and Anr. v. Siemens India Ltd. and Anr.
156 ITR 11 · 1985 · High Court
541
citing judgments

When there is a conflict between the decisions of non-jurisdictional High Courts, the view that favors the assessee should be preferred.

Judgments on Section 263

Sikshya 'O' Anusandhan, Bhubaneswar vs. CIT (Exemption), Hyderabad

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

ITA 138/CTK/2023[2018-19]Status: DisposedITAT Cuttack18 Apr 2024AY 2018-19

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2018-19 Sikshya Sikshya ‘O’ ‘O’ Vs. Pr. Cit (Exemption), Pr. Cit (Exemption), Anusandhan, 224, Dharma Anusandhan, 224, Dharma Hyderabad Hyderabad Vihar, Vihar, Khandagiri, Khandagiri, S.O. S.O. Khandagiri, Bhubaneswar. Khandagiri, Bhubaneswar. Pan/Gir No Pan/Gir No.Aabts 1525 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Adv , Adv Revenue By : Shri Sanjay Kumar, Cit Shri Sanjay Kumar, Cit Dr Date Of Hearing : 18/0 04/2024 Date Of Pronouncement : 18/0 /04/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit (Exemption), Hyderabad U/S.263 Of The Act (Exemption), Hyderabad U/S.263 Of The Act Dated 28.3.2023 In Appeal 28.3.2023 In Appeal No.Cit(Exemption), Hyd At Bbn/Revision No.Cit(Exemption), Hyd At Bbn/Revision -263/100000454492/2023 263/100000454492/2023 For The Assessment Year Assessment Year 2018-19. 2. Shri K.K.Bal K.K.Bal, Ld Ar Appeared For The Assessee & Shri D Ar Appeared For The Assessee & Shri Sanjay Kumar, Ld Cit Dr Appeared For The Revenue. Appeared For The Revenue.

For Appellant: Shri K.K.Bal, AdvFor Respondent: Shri Sanjay Kumar, CIT
Section 143(3)Section 263

Daitari Sahoo, Cuttack vs. Pr.CIT-1, Bhubaneswar

In the result, appeal of the assessee stands dismissed as withdrawn

ITA 34/CTK/2023[2017-18]Status: DisposedITAT Cuttack17 Apr 2024AY 2017-18

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2017-18 Daitari Sahoo, C/O Shree Daitari Sahoo, C/O Shree Vs. Pcit, Bhubaneswar Pcit, Bhubaneswar-1 Panchamukhi Panchamukhi Store, Store, Malgodown, Cuttack Malgodown, Cuttack Pan/Gir No Pan/Gir No.Aghps 3717 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri Narahari Swain, Himanshu Jena & Narahari Swain, Himanshu Jena & P.K.Mishra, Advs Revenue By : Shri S.C.Mohanty, Ld Sr Dr : Shri S.C.Mohanty, Ld Sr Dr Date Of Hearing : 17/0 04/2024 Date Of Pronouncement : 17/0 /04/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit, Bhubaneswar Cit, Bhubaneswar-1 Passed U/S. 263 Of The Act Dated Dated 14.1.2022 In Revision No.Pcit, Bhubaneswar Pcit, Bhubaneswar-1/Revision-63/100000257488/2021 63/100000257488/2021 For The Assessment Year The Assessment Year 2017-18. 2. S/Shri Narahari Swain, Himanshu Jena & P.K.Mishra, Advs S/Shri Narahari Swain, Himanshu Jena & P.K.Mishra, Advs S/Shri Narahari Swain, Himanshu Jena & P.K.Mishra, Advs Ld Ar Appeared For The Assessee & Shri Appeared For The Assessee & Shri Ld Sr. Dr Appeared For The Revenue. Ld Sr. Dr Appeared For The Revenue.

For Appellant: S/Shri Narahari Swain, Himanshu Jena and Narahari Swain, Himanshu Jena and P.K.MFor Respondent: Shri S.C.Mohanty, ld Sr DR
Section 143(3)Section 263