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

Shasank Sekhar Nayak, Bhubaneswar vs. Pr.CIT, Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 62/CTK/2023[2017-18]Status: DisposedITAT Cuttack10 Oct 2023AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.62/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Shasank Sekhar Nayak, Vs Pr.Cit-1, Bhubaneswar Keshari Bhawan, Bindusagar Road Old Town, Bhubaneswar-751002 Pan No. :Abyn 8766 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Nihar Ranjan Biswal, Ca राजस्व की ओर से /Revenue By : Shri Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 10/10/2023 घोषणा की तारीख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Bhubaneswar-1, Dated 31.12.2021, Passed In Din & Order No.Itba/Rev/F/Rev5/2021-22/1038327224(1), For The Assessment Year 2017-2018. 2. This Appeal Of The Assessee Is Barred By 370 Days. In This Regard, Ld. Ar Of The Assessee Has Filed An Application Along With Affidavit Of The Assessee For Condonation Of The Delay, To Which The Ld. Cit-Dr Has Not Raised Any Serious Objection To Condone The Delay. On Perusal Of The Application & The Affidavit Of The Assessee, We Found That The Delay Occurred Due To Bonafide Reasons. Accordingly, We Condone The Delay Of 370 Days In Filing The Appeal & Appeal Is Disposed Off Finally.

For Appellant: Shri Nihar Ranjan Biswal, CAFor Respondent: Shri Dr. Abani Kanta Nayak, CIT-DR
Section 143(3)Section 263

Steel Abrasive Industries Ltd., Raipur vs. Deputy Commissioner of Income Tax, Circle-2(1), Raipur

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 96/RPR/2023[2011-12]Status: DisposedITAT Raipur10 Oct 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.96/Rpr/2023 "नधा"रण वष" /Assessment Year: 2011-12 Steel Abrasive Industries Ltd. Vs The Deputy Commissioner Of Income 301, Shyam Square Second Floor, Tax, Circle-2(1), Raipur (C.G.) Pandri, Raipur, Raipur-H.O, Raipur-492 001 Pan: Aagcs7905P (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 26/09/2023 घोषणा क" तार"ख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi, Dated 17.01.2023 Which In Turn Arises From The Order By Ld. Assessing Officer U/S 143(3) R.W.S. 263 Dated 30.09.2016 For A.Y.2011-12. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. Ld. Cit (Appeals) Has Erred In Confirming Addition Of Rs.1,13,20,940/- Made By Ao, On Account Of Alleged Suppression Of Production Of 467.32Mt. Ld. Cit(A) Erred In Upholding The Action Of Ao In Rejecting Rectification Application Filed By The Appellant. 2. The Impugned Addition Made By The Ld. A.O. Is Bad In Law, Illegal, Unjustified, Contrary To Facts & Law & Based Upon Recording Of Incorrect Facts & Finding, In Violation Of Principles Of Natural Justice & The Same Should Have Been Quashed By The Ld. Cit (Appeals). 3. The Appellant Reserves The Right To Amend, Modify Or Add Any Of The Ground/S Of Appeal.”

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(2)Section 143(3)Section 154Section 263

Mahesh Prasad Singh, Ambikapur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 196/RPR/2022[2011-12]Status: DisposedITAT Raipur10 Oct 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.196/Rpr/2022 "नधा"रण वष" /Assessment Year: 2011-12 Mahesh Prasad Singh Vs The Pr. Commissioner Of Income Tax, Vidyanagar, Sector-3, Raipur-1 Beside Sant Harkewal School, Ambikapur (C.G.)-497 001 Pan: Bbvps9072H (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Debashis Lahiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 26.09.2023 घोषणा क" तार"ख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Pr. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi, Dated 18.03.2023 U/S 263 Of The Income Tax Act, 1961 (For Short ‘The Act’) For Ay 2011-12. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. Ld. Pr. Cit Erred In Invoking The Provisions Of Sec. 263 & In Setting Aside The Assessment Order For Fresh Enquiry. Order Passed U/S 263 Is Unsustainable & Is Passed Without Properly Appreciating The Facts & Evidences On Record. The Assessment Order Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 2. The Appellant Reserves The Right To Add, Amend Or Modify Any Of The Ground/S Of Appeal.”

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Debashis Lahiri, CIT-DR
Section 139(1)Section 143(3)Section 263Section 44A

Sibasankar Sahu, - Deogarh vs. PCIT, Sambalpur

In the result, appeal of the assessee is allowed

ITA 217/CTK/2022[2017-18]Status: DisposedITAT Cuttack09 Oct 2023AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.217/Ctk/2022 (ननधाारण वषा / Assessment Year : 2017-2018) Sibasankar Sahu, Vs Pr.Cit, Sambalpur Arnapurna Store, At: Bania Sahi, Po/Ps: Deogarh Dist-Deogarh-768108 Pan No. :Apeps 1706 E (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 09/10/2023 घोषणा की तारीख/Date Of Pronouncement : 09/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Sambalpur, Dated 18.03.2022, Passed In Itba/Rev/F/Rev5/2021-22/1041011837(1) For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That The Appeal Filed By The Assessee Is Delayed By 199 Days. It Was The Submission That The Delay Was On Account Of Medical Treatment Of The Assessee’S Father & Assessee’S Wife. It Was The Submission That The Assessee Is An Individual Engaged In Trading Of Potatoes, Onion & Garlic In The Remote Area Of The District Of Deogarh, Odisha. It Was The Submission That The Assessee Was Not Well- Versed In Taxation Issues & On Account Of The Medical Treatment Of The 2 Assessee’S Father As Also The Assessee’S Wife, The Assessee Could Not File

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Abani Kanta Nayak, CIT-DR
Section 144Section 144ASection 263Section 44A