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

Joynet Developers LLP, Mumbai vs. Pr.CIT-27, Navi Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 868/MUM/2021[2016-17]Status: DisposedITAT Mumbai21 Feb 2022AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 868/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Joynet Developers Llp बिधम/ Pr. Cit Room No. 401, 4Th Floor, 101/B, Bellona, Pant Nagar, Vs. 90 Feet Road, Ghatkopar Tower No.6, Vashi Station East, Mumbai-400075. Complex, Vashi-400703. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamfk0186D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Hemant Shah Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 17/01/2022 घोषणा की तारीख /Date Of Pronouncement: 21/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.03.2021 Passed By The Principal Commissioner Of Income Tax(“Pcit”)- 27, Mumbai [Hereinafter Referred To As The “(Pcit)”] In View Of The Provisions U/S 263 Of The Act. 2. The Assessee Has Raised The Following Grounds: - “The Following Grounds Are Independent Of & Without Prejudice To One Another: 1. On The Facts & Circumstances Of The Case & In Law, The Learned Principal Commissioner Of Income Tax, Mumbai-27 Has Erred In Setting Aside The Order Passed U/S 143(3) Of The Act By The Learned

For Appellant: Shri Hemant ShahFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 263

Mr. Santokumar Gograj Adukia, Mumbai vs. Pr. CIT-17, Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 990/MUM/2021[202-13]Status: DisposedITAT Mumbai18 Feb 2022

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 990/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2012-13) Mr. Santosh Kumar Gograj बिधम/ Pcit-17 Room No.120, 1St Floor, Adukia Vs. B-401 Twin Apartment, Kautilya Bhavan, C-41 To C- Marve Road, Opp. Marve 43, G Block, Bandra Kurla Nsg. Home,Malad- Complex, Bandra (E), Mumbai-400064. Mumbai-400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaapa7459F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Shailesh Bandi Revenue By: Shri A. K. Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 15/12/2021 घोषणा की तारीख /Date Of Pronouncement: 18/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 27.03.2021 Passed By The Principal Commissioner Of Income Tax - 17 Mumbai [Hereinafter Referred To As The “Pcit)”] Relevant To The A.Y.2012- 13 In Which The Principal Commissioner Of Income Tax-17 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Pr. C.I.T, Mumbai-17, Has Grossly Erred In Passing An Order U/S 263 Of The I.T Act, Without Providing An Opportunity Of Personal Hearing, Which Is Against The Principles Of Natural Justice & Is Bad In Law.

For Appellant: Shri Shailesh BandiFor Respondent: Shri A. K. Kardam (DR)
Section 139(1)Section 143(3)Section 147Section 148Section 263Section 69ASection 69C

Anand Jayantilal Karbhari, Vapi vs. ACIT, Vapi

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 25/SRT/2021[2014-15]Status: DisposedITAT Surat17 Feb 2022AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.25/Srt/2021 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Anand Jayantilal Karbhari, Vs. The Acit, Vapi Circle, Vapi 703, 7Th Floor, Emperor Tower, Highland Park Co-Operative Soceity, Vapi-396195. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ajqpk7929K (Assessee) (Respondent) Assessee By : Shri Poonam Joshi, Ca Revenue By : Shri H. P. Meena, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 27/01/2022 घोषणाक"तार"ख/Date Of Pronouncement : 28/02/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2014-15, Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax, Valsad [In Short “The Ld. Pcit”] Dated 24.09.2020, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer Under Section 143(3) R.W.S 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”] Dated 03.12.2019. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(Appeals) Has Erred In Confirming The Addition Of Rs.50,00,000/- Made By The Ao U/S 68 Of The I.T. Act Without Taking Into Consideration The Submission & Documentary Evidences Submitted Before Him As Well As Before The Ld. Ao. Therefore, The Addition So Upheld By The Ld. Cit(Appeals) May Kindly Be Deleted. 2. The Appeal Craves Leave To Add, Alter, Modify Or Add Any Further Grounds As May Be Considered Necessary Either Before Or During The Hearing Of The Appeal.” 3. At The Outset, Learned Counsel Submits That Assessee Has Submitted Additional Evidence Before The Tribunal Vide Assessee’S Letter Dated 25.01.2022. Assessment Year. 2014-15 Anand Jayantilal Karbhari The Ld. Counsel Submits That These Additional Evidences May Be Admitted & Appropriate Relief May Be Granted To Assessee.

For Appellant: Shri Poonam Joshi, CAFor Respondent: Shri H. P. Meena, CIT(DR)
Section 143(3)Section 68