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

Manoranjan Lenka, Balanga vs. PCIT-1, Bhubanewsar

In the result, appeal of the assessee is allowed

ITA 34/CTK/2022[2017-18]Status: DisposedITAT Cuttack20 Jul 2023AY 2017-18

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.34/Ctk/2022 (ननधाारण वषा / Assessment Year : 2017-2018) Manoranjan Lenka, Vs Pr.Cit-1, Bhubaneswar At/Po: Balanga, Dist : Puri, Odisha-752105 Pan No. :Addpl 7206 M (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Chitrasen Parida, Advocate राजस्व की ओर से /Revenue By : Shri Saroj Kumar Mahapatra, Pr.Cit-Dr सुनवाई की तारीख / Date Of Hearing : 20/07/2023 घोषणा की तारीख/Date Of Pronouncement : 20/07/2023 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 Itba/Rev/F/Rev5/ 2021-22/1038323205(1) For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Barred By 27 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Along With Affidavit Stating Sufficient Reasons For Delay Therein. Ld. Cit-Dr Did Not Object To Condone The Delay. In View Of The Above & Considering The Facts & Circumstances Of The Case, The Delay Of 27 Days In Filing The Present Appeal Is Condoned & The Appeal Is Heard Finally. 3. It Was The Submission By The Ld. Ar That The Original Assessment Came To Be Completed U/S.143(3) Of The Act On 13.08.2019 & It Was A Case Of Limited Scrutiny In Respect Of Large Cash Deposits In The Bank

For Appellant: Shri Chitrasen Parida, AdvocateFor Respondent: Shri Saroj Kumar Mahapatra, Pr.CIT-DR
Section 143(3)Section 263

Rashmi Sponge Iron and Power Industries, Raipur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result, the appeal of the assessee is dismissed

ITA 98/RPR/2022[2017-18]Status: DisposedITAT Raipur20 Jul 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.98/Rpr/2022 (िनधा"रण वष" / Assessment Year: 2017-18) Rashmi Sponge Iron & Power Vs Principal Commissioner Of Income Industries Pvt. Ltd., Tax, 407-408, Ganpati Sadan, Raipur-1, Samta Colony, Raipur Raipur Pan No. : Aaacj2311G (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रतीक"ओरसे /Assessee By : Sh. Rajesh Kumar Chawda, Ca राज"वक"ओरसे /Revenue By : Sh. Simran Bhullar, Cit (Dr) सुनवाईक"तार"ख/ Date Of Hearing : 20.07.2023 घोषणाक"तार"ख/Date Of Pronouncement : 20.07.2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal By The Assessee Is Directed Against The Order Of The Principal Commissioner Of Income Tax (Pcit), Raipur-1, Dated 23.03.2022 For The Assessment Year 2017-18. 2. At The Outset, Learned Counsel Appearing For The Assessee Submitted That The Assessee Wants To Withdraw The Present Appeal. He Has Also Filed An Application Dated 18.07.2023 For Withdrawal Of The Appeal, Which Is Extracted As Under: “It Is Most Humbly Requested Before This Hon’Ble Bench To Kindly Allow Us To Withdraw The Appeal On Following Facts:- 1) The Proceedings U/S 263 Of The It Act, 1961 Was Started On 09.08.2021 Relating To Ay 2017-18 During The Pendency Of Re- Assessment Proceeding Already Started On 09.06.2021 U/S 148 Of The It Act, 1961 & Accordingly Was Objection Raised On 08.09.2021 Which Was Not Considered By Ld. Pr. Cit, Raipur & Alongwith Request Of Personal Hearing Made On 18.02.2022 Before Deciding The Case & Passed The Order U/S 263 Of The It Act, 1961 Dated 23.03.2023. (Copies Attached)

For Appellant: Sh. Rajesh Kumar Chawda, CAFor Respondent: Sh. Simran Bhullar, CIT (DR)
Section 142(1)Section 144BSection 147Section 148Section 148ASection 153Section 153(3)Section 254Section 263Section 264