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

Income Tax Officer(Exemption), Udaipur vs. Ananta Charitable Educational Society, Udaipur

In the result the appeal of the department is dismissed

ITA 855/JODH/2024[2016-17]Status: DisposedITAT Jodhpur12 Jun 2026AY 2016-17

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Bleincome Tax Officer (Exemption), Ananta Charitable Udaipur Educational Society 53, V-Road, New Keshav Nagar, Udaipur Pan: Aabtt6654Q Assessee By Shri Amit Kothari, Ca (Virtual) Revenue By Shri O.P. Meena Cit-Dr (Virtually) Date Of Hearing 01 / 06 / 2026. Date Of Pronouncement 12 / 06 / 2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Is Filed By Revenue Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The Nfac/Cit(A)] Dated 25.09.2024 With Respect To The Assessment Year 2016-17. 2. At The Outset The Ld. Cit-Dr For The Revenue Has Submitted That Ld. Cit(A) Was Not Justified In Deleting The Addition In Relation To 2 Unsecured Loans Received During The Year Without Going Into Merits Of The Case While Following The Judgment Of The Coordinate Bench, Itat, Jodhpur Where The Tribunal Had Quashed The Pcit’S Order Passed Under Section 263 On The Same Issue Though The Decision Of The Tribunal Has Been Challenged By The Department Before The Hon’Ble High Court Of Rajasthan Vide Appeal In Ita No. 78/Jodh/2022. 3. On The Other Hand The Ld. Counsel For The Assessee Has Submitted That The Revenue Appeal Before The Hon’Ble High Court Against The Order Passed By The Itat, Quashing The Order Passed By Cit(Exemption), Jaipur Under Section 263 Of The Income Tax Act, Stand Dismissed Vide Judgment Delivered By Their Lordships In Db Income Tax Appeal No. 3/Jodh/2023 In Case Of Commissioner Of Income Tax, Cit Exemption, Jaipur Vs. M/S Ananta Charitable Education Society Dated 18.09.2025, Whereby, The Hon’Ble Jurisdictional High Court Has Referred To Judgment Delivered By Coordinate Bench Of This Court In The Case Of Principal Commissioner Of Income Tax, Jaipur-Ii Vs. M/S. Shriram General Insurance Company Limited Vide Para No. 7 & Same Reads As Under:-

Section 143(3)Section 148Section 263

Comet Granito Pvt. Ltd., Morbi vs. The PCIT-1, Rajkot

The appeal of the assessee is dismissed as withdrawn

ITA 329/RJT/2025[2021-22]Status: DisposedITAT Rajkot12 Jun 2026AY 2021-22

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 329/Rjt/2025 [ "नधा"रण वष"/Assessment Year: 2021-22 ] Comet Granito Pvt. Ltd., The Pcit-1, Rajkot, C/O. Sarda & Sarda, Sakar, 1St Aayakar Bhawan, Race Vs. Floor, Dr. Radha-Krishnan Road, Course Ring Road, Rajkot., Opp. Rajkumar College, Rajkot, Rajkot, Gujarat-360001 Rajkot, Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccc9062H (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Sr. Dr Date Of Hearing : 11/06/2026 Date Of Pronouncement : 12/06/2026 :: Order :: Per, Shri Sonjoy Sarma, Jm: At The Time Of Hearing, The Ld. Ar Submitted That During The Pendency Of The Present Appeal Before The Tribunal, Which Arises Out Of The Order Passed By The Ld. Principal Commissioner Of Income Tax (Pcit), U/S 263 Of The Income-Tax Act, 1961, The Assessing Officer, In Compliance With The Directions Contained Therein, Has Passed An Assessment Order U/S 143(3) Read With Section 263 Of The Act. It Was Further Submitted That Certain Claims Made By The Assessee Have Been Allowed By The Assessing Officer And, With Regard To The Remaining Disallowances/Additions, The Assessee Has Already Preferred An Appeal Before The Ld. Commissioner Of Income Tax (Appeals).

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. Sr. DR
Section 143(3)Section 263

Sonam Ceramics, Morbi vs. The Principal Commissioner of Income Tax-1, Rajkot

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

ITA 245/RJT/2025[2016-17]Status: DisposedITAT Rajkot12 Jun 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 245/Rjt/2025 [ "नधा"रण वष"/Assessment Year: 2016-17 ] Sonam Ceramics, The Principal Commissioner C/O. Sarda & Sarda (Ca), Sakar 1St Of Income Tax-1 Vs. Floor, Dr. Radha-Krishnan Road, 2Nd Floor, Aayakar Bhawan, Opp. Rajkumar College, Rajkot, Race Course Ring Road, Rajkot, Gujarat-360001 Rajkot, Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aamfs2901G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Sr. Dr Date Of Hearing : 11/06/2026 Date Of Pronouncement : 12/06/2026 :: Order :: Per, Shri Sonjoy Sarma, Jm: This Appeal Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax (Pcit) U/S 263 Of The Income-Tax Act, 1961 Dated 29.03.2024. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income In Response To Notice Issued U/S 148 Of The Act Declaring Total Income Of Rs.18,67,259. The Assessment Was Completed U/S 147 Read With Sections 144 & 144B Of The Act Vide Order Dated 17.02.2022 Accepting The Income Returned By The Assessee. Subsequently, On Examination Of The Records & Its Data, The

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. Sr. DR
Section 147Section 148Section 263Section 69A

Bank Employees Co-Operative Society Ltd., Allahabad vs. The Pr. Ciit, Allahabad

In the result, the appeal of the assessee is allowed

ITA 50/ALLD/2024[2018-19]Status: DisposedITAT Allahabad09 Jun 2026AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 Bank Employees Cooperative Vs Principal Commissioner Of Society Ltd., 60C/44, Nawab Income Tax, Aayakar Bhawan, Yusuf Road, Civil Lines, 38, M.G. Marg, 1St Floor, Allahabad-211001 Allahabad-211001 Pan: Aacab5153G (Appellant) (Respondent) Assessee By: Sh. Ashish Bansal, Advocate Revenue By: Sh. Amalendu Nath Mishra, Cit Dr Date Of Hearing: 12.03.2026 Date Of Pronouncement: 09.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Pcit, Allahabad Under Section 263 Of The Income Tax Act, 1961 Dated 1.02.2024, Wherein The Ld. Pcit Has Set Aside The Assessment Order Passed By The Assessing Officer For The Assessment Year 2018-19 Under Section 143(3) On 8.04.2021. The Grounds Of Appeal Are As Under:- “1. Because The Learned Pcit Has Erred In Law & On Facts In Treating The Assessment Order Dated 08.04.2021 Passed Under Section 143(3) Read With Sections 143(3A) & 143(38) Of The Income Tax Act. 1961 (Hereinafter Referred To As The Act) As Erroneous In So Far As It Is Prejudicial To The Interest Of Revenue. 2. Because Section 263 Of The Act Cannot Be Pressed Into The Service In The Instant Case As The Assessment Order Dated 08.04.2021 Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 3. Because The Assessment Order Dated 08.04.2021 Was Passed After Detailed Investigation & Enquiry & Hence, Findings To The Effect That 'The Ao Has Failed To Apply His Mind To The Legal & Factual Aspect Of The Case' Is Against The Facts & Material On Record & Hence, Not Tenable.

For Appellant: Sh. Ashish Bansal, AdvocateFor Respondent: Sh. Amalendu Nath Mishra, CIT DR
Section 143(3)Section 263Section 80