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

Ramchandradada Kawade Punya Nagari Nagari Sahakari Pat Sanstha Maryadit, Pune vs. ITO 7(1), Pune

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

ITA 379/PUN/2026[2017-2018]Status: DisposedITAT Pune17 Apr 2026AY 2017-2018

Bench: Shri Manish Borad & Shri Pavan Kumar Gadale, Judicialmember I T A. No..379/Pun/2026 (A.Y.2017-18) Vs Ramchandradadakawade I.T.O.Ward 7(1), Punyanagarinagarisahakrai Aayakarsadan, . Pat Sanstha Maryadit, Bodhi Tower, S.No.66 Media Park, 548/2B, B T Kawade Road., Salasbury Park, Ghorpadi, Pune -411011 Pune-411037, Maharashtra. Maharashtra. Pan.No.Aaaap5734H (अपीलाथ"/Appellant) (""यथ"/Respondent) Assesseeby Shri.Rajendrakadrekar&Siddheshwarhadi,Ar Revenue By Shri.Amitbobde, Cit Dr सुनवाई क" तारीख/Date Of Hearing 08.04.2026 17.04.2026 घोषणा क" तारीख/Date Of Pronouncement Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assessee Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec143(3)R.W.S 263 & 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Nfac/Cit(A) Sustaining The Denial Of Claim Of Deduction U/Sec 80P(2)(A)(I) Of The Act & Without Prejudice To Alternate/Obtaining Relief On Interest Income Earned On Deposits With The Co-Operative Banks. 2. The Brief Facts Of The Case Are That, The Assessee Is A Co- Operative Society Registered Under Maharashtra Societies

Section 133(6)Section 143(3)Section 263Section 80

Swadhin Sahoo, Similia vs. DCIT, Circle 1(1), Bhubaneswar

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

ITA 144/CTK/2026[2017-18]Status: DisposedITAT Cuttack16 Apr 2026AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Sonjoy Sarmaassessment Year: 2017-18 Swadhin Sahoo……………………………………………….………...Appellant Similia, Kankadapal, Dhenkanal Odisha-759013 [Pan: Asops7244Q] Vs. Dcit, Circle-1(1), Bhubaneswar……………………..……...…..…..Respondent Odisha-751010 Appearances By: Shri Diganta Das Appeared On Behalf Of The Appellant. Shri Umakanta Dhrupati, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 15, 2026 Date Of Pronouncing The Order : April 16, 2026 Order Per Sonjoy Sarma: This Is An Appeal Filed By The Assessee Against The Order Of The Nfac, Delhi [Hereinafter Referred To As The ‘Cit(A)’] In Appeal No.Nfac/2016-17/10259414 Dated 09.01.2026 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That, Assessee Filed Return Of Income For The Assessment Year 2017-18 Declaring Income Of Rs.22,54,040/-. The Case Of The Assessee Was Selected For Scrutiny & Assessment Was Completed By Determining The Total Income At Rs.22,64,580/-. Subsequently, The Ld. Pcit, Bhubaneswar Invoke Provisions Of Section 263 Of The Act, Holding That The Assessment Order Was Erroneous & Prejudicial To The Interest Of The Revenue & Directed Assessing Officer Swadhin Sahoo To Pass A Fresh Assessment Order. In Pursuant To The Direction Of The Ld. Pcit, Bhubaneswar, The Assessing Officer Pass A Fresh Order Making The Addition Of Rs.83,15,000/- On Account Of Excess Purchases & Rs.49,24,603/- On Account Of Understated Value Of Goods Reflected In Profit & Loss Account. Accordingly, Total Income Of The Assessee Was Assessed At Rs.1,54,93,643/-.

Section 263

Sharda Exports, New Delhi vs. DCIT, Circle-2, Meerut

In the result, the appeal of the assessee is allowed

ITA 7715/DEL/2025[2014-15]Status: DisposedITAT Delhi16 Apr 2026AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2014-15] Sharda Exports, Vs Dcit, B-96, Eastern Avenue, Circle-2, Meerut, Sainik Vihar Farms, Uttar Pradesh-250001 New Delhi-110061. Pan-Abofs0079G Appellant Respondent Appellant By Shri Raj Kumar Gupta, Ca & Shri J.P. Sharma Ca Respondent By Ms. Amish S. Gupt, Cit. Dr Date Of Hearing 16.04.2026 Date Of Pronouncement 16.04.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 20.08.2025 Of Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac) Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Meerut/10103/2018-19 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Order Dated 28.03.2018 Passed U/S 143(3) R.W.S. 263 Of The Act Pertaining To Assessment Year 2014-15. 2. It Is Observed That The Appeal Was Filed Delayed By 26 Days. Before Us, An Application For Condonation Of Delay As Filed Alongwith An Affidavit Of One Shri Juzar Singh, Senior Office Admin & Audit Manager Of M/S Raj Kumar & Associates, Chartered Accountants. In The Said Petition, It Is Stated That Assessee Has Sent The Appellate Order For The Preparation Of The Appeal To The Office Of Its Counsel Shri Raj Kumar, Ca Where The Same Was Delivered To Shri Juzar Singh & Was Got Mixed Up With The Audit Papers & Skipped His Attention To Deliver It To Shri Raj Kumar. Later When The Said Order Was Come To The Notice Of Shri Juzar Singh, He Immediately Rushed & Handed The Same To Shri Raj Kumar For The Preparation & Filing The Appeal. Due To This Reason The Appeal Was Filed Delayed By 26 Days. This Fact Was Affirmed By Shri Juzar Singh In His Affidavit. It Is Thus Submitted That The Delay Was Neither Intentional Nor Willful & Occurred Due To Bonafide Reason Thus It Is Requested To Condone The Delay.

Section 143(3)Section 250Section 263Section 80I