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

Urmila Pradhan, Jajpur vs. PCIT-1, Bhubaneswar

In the result, appeal of the assessee stands dismissed

ITA 64/CTK/2022[2017-18]Status: DisposedITAT Cuttack12 Jan 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Urmila Pradhan, At: Bada Urmila Pradhan, At: Bada Vs. Pr. Cit, Bhubaneswar Pr. Cit, Bhubaneswar-1 Chapoi, Chapoi, Pol Pol Arthanga, Arthanga, Kabirpur, Jajpur Kabirpur, Jajpur Pan/Gir No. Pan/Gir No.Cpkpp 8640A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By :S/ Shri D.Parida/C.Parida, Ars D.Parida/C.Parida, Ars Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 12 /01 01/2023 Date Of Pronouncement : 12/01 /01/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit Passed U/S.263 Of The Act Passed U/S.263 Of The Act, Dated 22.3.2022 In , Dated 22.3.2022 In Appeal No. Itba/Rev/F/Rev5/2021 Itba/Rev/F/Rev5/2021-22/1041250337(1) For The Assessment Year For The Assessment Year 2017- 18. 2. S/Shri D.Parida/C.Parida, Ld Ars Appeared For The Assessee & Shri S/Shri D.Parida/C.Parida, Ld Ars Appeared For The Assessee & Shri S/Shri D.Parida/C.Parida, Ld Ars Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: S/ Shri D.Parida/C.Parida, ARsFor Respondent: Shri M.K.Gautam
Section 115BSection 142(1)Section 263Section 44ASection 69A

Shankar Goods Carrier, Kolkata vs. PCIT, Kolkata-1, Kolkata

In the result, the appeal of the assessee stands dismissed

ITA 321/KOL/2022[2017-2018]Status: DisposedITAT Kolkata11 Jan 2023AY 2017-2018

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.321/Kol/2022 Assessment Year: 2017-18 Shankar Goods Carrier.….............……….........…..........….…… Appellant 134, Mahatma Gandhi Road, Burra Bazar, Kolkata-700007. [Pan: Aayfs8881P] Vs. Pcit, Kolkata-1........................….....……........…...…...…..…..... Respondent Appearances By: Shri Ashish Rastagi, Ca, Appeared On Behalf Of The Appellant. Shri Biswanath Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 21, 2022 Date Of Pronouncing The Order : January 11, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.03.2022 Of The Principal Commissioner Of Income Tax Kolkata [Hereinafter Referred To As ‘Pcit’] Agitating The Action Of The Pcit In Passing The Impugned Order U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Exercising His Revision Jurisdiction. 2. The Brief Facts Of The Case Are That The Ld. Pcit Noted From The Assessment Records That The Assessee, During The Year, Had Made Total Expenditure On Account Of Freight Of Rs.16,03,03,322/-, Out Of Which Freight Charges Of Rs.14,15,11,932/- Was Paid To Railway & Rs.1,87,91,390/- Was Paid To Different Parties, Whereupon, Tax Deducted At Source (Tds) As Required U/S 194C, Was Not Deducted. The Ld. Pcit, Therefore, Noted That Disallowance @30% Of The Above

Section 194CSection 194C(6)Section 263Section 263(1)Section 40

Meena Agarwal, Rairangpur vs. CIT (It & Tp), Kolkata at Bbn, Kolkata

In the result, appeal filed by the assessee stands dismissed

ITA 99/CTK/2022[2017-18]Status: HeardITAT Cuttack11 Jan 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Meena Meena Agarwal, Agarwal, Ward Ward Vs. Cit (It & Tp), Kolkata At Cit (It & Tp), Kolkata At No.06, No.06, Kejorimal Kejorimal House, House, Bbn, Aayakar Bhawan, P Bbn, Aayakar Bhawan, P-7, Rairangpur, Rairangpur, Dist: Dist: Chowringhee Chowringhee Square, Square, Mayurbhanj Mayurbhanj Kolkata. Pan/Gir No. Pan/Gir No.Abwpa 9094 M (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, K.K.Bal, Ar Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 11 /01 01/2023 Date Of Pronouncement : 11/01 /01/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Ag This Is An Appeal Filed By The Assessee Against The Order Passed Ainst The Order Passed U/S.263 Of The Act By Ld Cit(It & Tp), U/S.263 Of The Act By Ld Cit(It & Tp), Kolkata, Dated Dated 30.3.2022 In Appeal No.Itba/Rev/F/Rev5/2021 Itba/Rev/F/Rev5/2021-22/1042121942(1) 22/1042121942(1) For The Assessment Year 2017-18. 18. 2. Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri K.K.BalFor Respondent: Shri M.K.Gautam
Section 263