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

Rcc Institute of Technology, Kolkata vs. CIT(Exemptions), Kolkata

The appeal of the assessee stands allowed

ITA 108/KOL/2022[2016-17]Status: DisposedITAT Kolkata29 Nov 2022AY 2016-17

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.108/Kol/2022 Assessment Year: 2016-17 Rcc Institute Of Technology..…………………................................……Appellant C.I.T Cambus(Old), Cannel South Road, Beliaghata, Kolkata-700015. [Pan: Aaaar4012N] Vs. Cit(Exemption), Kolkata............…...................……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri G. Hukugha Sema, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 28, 2022 Date Of Pronouncing The Order : November 29, 2022 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 31.03.2021 Of The Commissioner Of Income Tax(Exemption), Kolkata [Hereinafter Referred To As The ‘Cit(Exemption’)] Exercising His Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Ld. Ar Of The Assessee Has Contested The Validity Of The Revision Order Passed By The Ld. Cit(Exemption) U/S 263 Of The Act Not Only On Merits But Also, Inter Alia, On The Ground That The Aforesaid Order Was Null & Void As No Document Identification Number (Din) Has Been Mentioned In The Body Of The Impugned Order Which Was In Violation Of Circular No.19 Of 2019 Of Cbdt. Since The Aforesaid Legal Issue Will Be Determinative Of The Very Validity Of The Impugned Revision Order Passed

Section 119Section 263

Shri Mahesh Kumar Sureka, Howrah vs. PCIT-13, Kolkata

The appeal of the assessee stands allowed

ITA 106/KOL/2021[2012-13]Status: DisposedITAT Kolkata29 Nov 2022AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.106/Kol/2021 Assessment Year: 2012-13 Shri Mahesh Kumar Sureka..…………………................................……Appellant 6/2/1, Ashutosh Mukherjee Lane, Howrah-711106. [Pan: Alcps8735K] Vs. Pcit-13, Kolkata......................…...................……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri G. Hukugha Sema, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 28, 2022 Date Of Pronouncing The Order : November 29, 2022 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 28.01.2021 Of The Principal Commissioner Of Income Tax-13, Kolkata [Hereinafter Referred To As The ‘Pcit’] Exercising His Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Ld. Ar Of The Assessee Has Contested The Validity Of The Revision Order Passed By The Ld. Pcit U/S 263 Of The Act Not Only On Merits But Also, Inter Alia, On The Ground That The Aforesaid Order Was Null & Void As No Document Identification Number (Din) Has Been Mentioned In The Body Of The Impugned Order Which Was In Violation Of Circular No.19 Of 2019 Of Cbdt. Since The Aforesaid Legal Issue Will Be Determinative Of The Very Validity Of The Impugned Revision Order

Section 119Section 263

Essel Mining & Industries Limited, Mumbai vs. Dy Commissioner of Income Tax, Central Circle-1(4), Mumbai

ITA 1968/MUM/2022[2009-10]Status: DisposedITAT Mumbai28 Nov 2022AY 2009-10

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantआअसं. 1968/मुं/2022 ("न. व. 2009-10) Essel Mining & Industries Limited, Industry House, 18Th Floor, 10, Camac Street, Kolkata – 700 017 Pan: Aaace-6607-L...... अपीलाथ"/Appellant बनाम Vs. Dy. Commissioner Of Income Tax, Central Circle -1(4), 9Thfloor, Old Cgo Building, M.K.Road,Mumbai- 400 020...... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Yogesh Thar & Ms.Sukanya Jayaram ""तवाद" "वारा/Respondent By : Shri Harishankar Lal सुनवाई क" "त"थ/ Date Of Hearing : 17/11/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 28 /11/2022 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals) -47, Mumbai [ In Short ‘The Cit(A)’] Dated 10/06/2022 For The Assessment Year 2009-10. 2 2. Shri Yogesh Thar Appearing On Behalf Of The Assessee Submitted At The Outset That The Impugned Order Emanates From The Assessment Order Passed Consequent To The Revision Order Passed By Pcit U/S. 263 Of The Income Tax Act, 1961 ( In Short ‘ The Act’). The Tribunal In Ita No.3202/Mum/2018 Vide Order Dated 15/11/2022 Has Quashed The Order Of Pcit Passed U/S. 263 Of The Act, Hence, The Subsequent Proceedings Arising There From Does Not Survive.

For Appellant: Shri Yogesh Thar and Ms.Sukanya JayaramFor Respondent: Shri Harishankar Lal
Section 263