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

Suyash Institute of Medical Science Pvt. Ltd., Raipur vs. DCIT-1(1), Raipur(Erstwhile ACIT-2(1), Raipur)

In the result, the appeal of assessee is allowed for statistical purposes as above

ITA 208/RPR/2026[2012-13]Status: DisposedITAT Raipur04 Jun 2026AY 2012-13

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 208/Rpr/2026 (िनधा"रण वष" Assessment Year: 2012-13) Suyash Institute Of Medical Science Vs Deputy Commissioner Of Income Tax- Pvt. Ltd., Suyash Hospital, 1(1), Raipur, (Erstwhile Asst. Ward 12, Kota Road, Gudhiyari, Commissioner Of Income Tax-2(1), Raipur-492001, C.G. Aaykar Bhawan, Civil Lines, Raipur-1, Pan: Aalcs5760K (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : Shri R. B. Doshi, Ca राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/04/2026 घोषणा की तारीख / Date Of : 04/06/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2012-13 Filed By The Assessee Is Directed Against The Order Dated 20.01.2026 Of Commissioner Of Income Tax (Appeals), [Cit(A)], National Faceless Appeal Centre (Nfac) Passed Under Section 250 Of The Income Tax Act, 1961 (‘Act’).

For Appellant: Shri R. B. Doshi, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(3)Section 250Section 263Section 80ISection 91(3)

Dinabandhu Foundation for Educational Research & Socio-Economic Development, Bhubaneswar vs. Commissioner of Income Tax (Exemption), Hyderabad

In the result, the appeal of the assessee is dismissed

ITA 122/CTK/2026[2022-23]Status: DisposedITAT Cuttack03 Jun 2026AY 2022-23

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.122/Ctk/2026 (धििाारणवर्ा / Assessment Year: 2022-2023) Dinabandhu Foundation For Vs Cit (Exemption), Hyderabad Educational Research & Socio Economic Development A/127, Saheed Nagar, Bhubaneswar-751007. Pan No. : Aaatd7338L (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) .. धििााररतीकीओरसे /Assessee By : Shri P N Dave & M M Rao, Ars राजस्वकीओरसे /Revenue By : Shri Jeetendra Kumar, Cit-Dr सुनवाईकीतारीख/ Date Of Hearing : 03/06/2026 घोषणाकीतारीख/Date Of Pronouncement : 03/06/2026 आदेश / O R D E R Perbench: This Is An Appeal Filed By The Assessee Against The Order Of Cit(Exemption), Hyderabad In Order No.Itba/Com/F/17/2025- 26/1083363673(A) Dated 05/12/2025 For The Assessment Year 2022-23. 2. Shri P N Dave & M M Rao, Ars Appeared On Behalf Of The Assessee & Shri Jeetendra Kumar, Cit-Dr Represented On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Assessing Officer Had Noted In Form 10 That The Purpose Of Accumulation As ‘For The Purpose Of Trust Including Development Of Infrastructure, Provision Of Equipment & Meeting Operating & Administration Expenses’. The Ld. Cit(E) Has Also Mentioned For The Assessment Year 2015-16 In Form 10 That ‘For The 2 Purpose Of The Trust’ & The Recording Reveals That The Accumulated Funds Mostly Utilized Towards ‘Administrative, Salary Or Research Expenses Which Are Routine In Nature & Not Directed Towards Any Defined Object Of The Trust’. It Was The Submission That For The Assessment Year 2022-23, The Assessing Officer Has Not Done Required Verification. 4. In Reply, The Ld. Cit-Dr Vehemently Supported The Order Of The Ld. Cit(E).

For Appellant: Shri P N Dave & M M Rao, ARsFor Respondent: Shri Jeetendra Kumar, CIT-DR
Section 263