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

DCIT, Ncc - 1 (1), Chennai vs. M/S. Dfe Pharma India LLP., Cuddalore

In the result the appeal is allowed

ITA 282/CHNY/2020[2014-15]Status: DisposedITAT Chennai01 Apr 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1212/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Dfe Pharma India Llp, Vs. The Deputy Commissioner Of B-4, Sipcot Industrial Complex, Income Tax, Kudikadu, Cuddalore 607 005. Non Corporate Circle 1(1), [Pan:Aaifd2025J] Chennai. आयकर अपील सं./I.T.A. No.282/Chny/2020 िनधा"रण वष"/Assessment Year: 2014-15 The Deputy Commissioner Of Vs. M/S. Dfe Pharma India Llp, Income Tax, Non Corporate Circle 1(1), B-4, Sipcot Industrial Complex, Chennai. Kudikadu, Cuddalore 607 005. (अपीलाथ"/Appellant) (""थ"/Respondent) Assessee By : Shri G.S.D. Babu, Advocate Department By : Shri M. Rajan, Cit & Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 21.03.2022 घोषणा की तारीख /Date Of Pronouncement : 01.04.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax 1, Chennai Dated 27.02.2019 Relevant To The Assessment Year 2014-15 Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short]. The Revenue Preferred An Appeal Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-2

For Appellant: Shri G.S.D. Babu, AdvocateFor Respondent: Shri M. Rajan, CIT &
Section 10ASection 115JSection 143(3)Section 263Section 80P

Dfe Pharma India LLP., Bengaluru vs. DCIT, CC - 2(1), Chennai

In the result the appeal is allowed

ITA 1212/CHNY/2019[2014-15]Status: DisposedITAT Chennai01 Apr 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1212/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Dfe Pharma India Llp, Vs. The Deputy Commissioner Of B-4, Sipcot Industrial Complex, Income Tax, Kudikadu, Cuddalore 607 005. Non Corporate Circle 1(1), [Pan:Aaifd2025J] Chennai. आयकर अपील सं./I.T.A. No.282/Chny/2020 िनधा"रण वष"/Assessment Year: 2014-15 The Deputy Commissioner Of Vs. M/S. Dfe Pharma India Llp, Income Tax, Non Corporate Circle 1(1), B-4, Sipcot Industrial Complex, Chennai. Kudikadu, Cuddalore 607 005. (अपीलाथ"/Appellant) (""थ"/Respondent) Assessee By : Shri G.S.D. Babu, Advocate Department By : Shri M. Rajan, Cit & Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 21.03.2022 घोषणा की तारीख /Date Of Pronouncement : 01.04.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax 1, Chennai Dated 27.02.2019 Relevant To The Assessment Year 2014-15 Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short]. The Revenue Preferred An Appeal Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-2

For Appellant: Shri G.S.D. Babu, AdvocateFor Respondent: Shri M. Rajan, CIT &
Section 10ASection 115JSection 143(3)Section 263Section 80P

Ants Ceramics P Ltd, Mumbai vs. Pr.CIT-1, Thane

In the result, the appeals of the assessee are hereby allowed

ITA 970/MUM/2021[2017-18]Status: DisposedITAT Mumbai01 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 970/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2017-18) & आयकर अपील सं/ I.T.A. No. 971/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2016-17) बनधम/ Ants Ceramics Pvt. Ltd. Pcit, Thane-1 B Wing, Ashar It Park, 6Th 1 Jivdani Ind. Estate No.1, Vs. Off. Western Express Floor, Road No.16Z, Highway, Dhumal Nagar, Wagle Industrial Estate, Vasai Road (E), 401208. Thane (W), Thane, Maharashtra-400604. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aafca3194D (प्रत्यथी / Respondent) (अपीलाथी /Appellant) .. Assessee By: Shri Anil Sathe Revenue By: Ms. Shailja Rai (Dr) सुनवाई की तारीख / Date Of Hearing: 03/01/2022 घोषणा की तारीख /Date Of Pronouncement: 01/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Principal Commissioner Of Income Tax, Thane-1 [Hereinafter Referred To As The “Pcit”] Relevant To The A.Ys.2016-17 & 2017-18 In Which The Principal Commissioner Of Income Tax [Hereinafter Referred To As The “Pcit”] Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. Ita. No. 971/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 22.03.2021 Passed By The Principal Commissioner Of Income Tax, Thane- Relevant To The A.Y.2016-17 In Which The Principal Commissioner Of Income Tax Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. 2

For Appellant: Shri Anil SatheFor Respondent: Ms. Shailja Rai (DR)
Section 139(1)Section 263Section 35