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

Rameshbhai Gordhanbhai Dudhagara, Rajkot vs. Income Tax Officer, Rajkot

In the result, the appeal of the assessee is allowed

ITA 738/RJT/2026[2017-18]Status: DisposedITAT Raipur29 Sept 2026AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 738/Rjt/2026 [ िनधा"रण वष" /Assessment Year: 2017-18 ] Rameshbhai Gordhanbhai Income Tax Officer Dudhagara, It-Office, New Aayakar बनाम/ 3/4,Sardar Soc Corner, Vs. Bhawan, Vatiaka, Rajkot, Nr.Rameshwar Wadi, Nehrunagar Ito Ward 3(1)(1), Rajkot, Road, Rajkot, Gujarat-361012 Rajkot, Gujarat-361012 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Bzbpd2158R (Appellant) (Respondent) िनधा"रती की ओर से/Appellant By : Shri Dhinal Shah, Ld. Ar राज" की ओर से/Respondent By : Shri Pravin Sinha, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2026 घोषणा की तारीख/Date Of Pronouncement : 29/09/2026 :: आदेश/Order :: Per, Dr. Arjun Lal Saini, Am : Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 28.07.2025 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S. 143(3) Of The Act Dated 22.11.2019. 2. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee At The Outset Submitted That The Appeal Has Been Filed By The Assessee Belatedly. The Ld. Counsel Adverted Our Attention To The Affidavit Filed In This Regard Citing Reasons For Condonation Of Delay & Urged For A Benign View

For Appellant: Shri Dhinal Shah, Ld. ARFor Respondent: Shri Pravin Sinha, Ld. Sr. DR
Section 143(3)Section 145BSection 250Section 56

Rameshbhai Gordhanbhai Dudhagara, Rajkot vs. Income Tax Officer, Rajkot

In the result, the appeal of the assessee is allowed

ITA 738/RJT/2026[2017-18]Status: DisposedITAT Rajkot29 Sept 2026AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 738/Rjt/2026 [ िनधा"रण वष" /Assessment Year: 2017-18 ] Rameshbhai Gordhanbhai Income Tax Officer Dudhagara, It-Office, New Aayakar बनाम/ 3/4,Sardar Soc Corner, Vs. Bhawan, Vatiaka, Rajkot, Nr.Rameshwar Wadi, Nehrunagar Ito Ward 3(1)(1), Rajkot, Road, Rajkot, Gujarat-361012 Rajkot, Gujarat-361012 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Bzbpd2158R (Appellant) (Respondent) िनधा"रती की ओर से/Appellant By : Shri Dhinal Shah, Ld. Ar राज" की ओर से/Respondent By : Shri Pravin Sinha, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2026 घोषणा की तारीख/Date Of Pronouncement : 29/09/2026 :: आदेश/Order :: Per, Dr. Arjun Lal Saini, Am : Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 28.07.2025 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S. 143(3) Of The Act Dated 22.11.2019. 2. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee At The Outset Submitted That The Appeal Has Been Filed By The Assessee Belatedly. The Ld. Counsel Adverted Our Attention To The Affidavit Filed In This Regard Citing Reasons For Condonation Of Delay & Urged For A Benign View

For Appellant: Shri Dhinal Shah, Ld. ARFor Respondent: Shri Pravin Sinha, Ld. Sr. DR
Section 143(3)Section 145BSection 250Section 56

Naresh Kumar, Gurgaon, Haryana vs. PCIT, Jaipur

The appeal of the assessee is allowed

ITA 209/JPR/2024[2019-20]Status: DisposedITAT Jaipur28 Sept 2026AY 2019-20

Bench: Smt. Annapurna Gupta & Shri T. R. Senthil Kumarnaresh Kumar, Vs. Pcit Village Sikanderpur Jaipur (Badha), Vpo Sikanderpur, Tehsil Manesar, Gurgaon "थायीलेखासं./जीआइआरसं./Pan/Gir No:Aabtb 7344 K Appellant .. Respondent Appellant By : Sh. Rakesh Kumar (Thru V.C.) Respondent By : Sh. Shravan Kumar Meena, Cit Date Of Hearing 08.07.2026 Date Of Pronouncement 28.09.2026 O R D E R Per Annapurna Gupta, Am:- The Present Appeal Was Originally Heard By The Division Bench Consisting Of Hon’Ble, Sh. Rathod Kamlesh Jayantbhai & Hon’Ble, Sh. Narinder Kumar. On Account Of A Difference Of Opinion Between The Hon’Ble Members On P A G E | 2 Naresh Kumar Certain Issues Arising In The Appeal, The Following Point(S) Of Difference Were Framed & Referred To The Hon’Bleof The Tribunal Under Section 255(4) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). “Whether Based On The Facts & Circumstances Of The Case When The Ld. Ao Has Verified The Issue Of Chargeability Of Interest In Hands Of The Assessee & Taken A Plausible View. Whether That View Taken By The Ld. Ao Which Is One Of The Plausible View Can Be Subjected To Revision As Per Provision Of Section 263 Of The Act Or Not”

For Appellant: Sh. Rakesh Kumar (thru V.C.)For Respondent: Sh. Shravan Kumar Meena, CIT
Section 143(3)Section 144BSection 145B(1)Section 255(4)Section 263Section 28Section 57