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

Bharnobari & Industries Ltd., Kolkata vs. PCIT-2, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 459/KOL/2020[2015-16]Status: DisposedITAT Kolkata02 Feb 2022AY 2015-16

Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2015-16 Bharnobari & Industries Pcit-2, Kolkata Ltd. Diamond Heritage, 14Th Vs. Floor, Suite No.1401, 16, Strand Road, Kolkata- 700001. Pan: Aabcb0981B (Appellant) (Respondent) Present For: Appellant By : Shri S. K. Tulsiyan, Advocate & Puja Somani, Ca Respondent By : Shri Amol Kamat, Cit-Dr. Date Of Hearing : 21.12.2021 Date Of Pronouncement : 02.02.2022 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) By The Principal Commissioner Of Income Tax-2, Kolkata (Hereinafter Referred As The ‘Pcit’) Relevant To A.Y 2015-16. 2. The Only Issue Raised In This Appeal By The Assessee Is Against The Revisionary Jurisdiction Exercised By Pcit U/S 263 Of The Act On The Ground That The Assessing Officer Failed To Disallow & Add Rs.72,29,000/- Towards Employee’S Contribution To Pf Which Was Paid/Deposited After The Due Date As Specified Under The Pf Act & Therefore, The Assessment Framed By The Assessing Officer Is Erroneous & Prejudicial To The Interest Of The Revenue.

For Appellant: Shri S. K. Tulsiyan, Advocate & Puja Somani, CAFor Respondent: Shri Amol Kamat, CIT-DR
Section 139(1)Section 143(3)Section 2(24)(x)Section 263Section 36(1)(va)Section 43B

M/S. Shree Leasing & Finance Ltd., Cuttack vs. ACIT, Circle- 1(1), Bhubaneswar

In the result, both appeals of the assessee are dismissed as withdrawn

ITA 52/CTK/2020[2006-07]Status: DisposedITAT Cuttack01 Feb 2022AY 2006-07

Bench: Shri P.M.Jagtap & Shri C.M.Garg(Through : Video Conferencing) & M/S Shree Leasing & Finance Ltd. Vs Cit, Bhubaneswar Meria Bazar, Old Usha Co. /Acit, Circle-1(1), Bhubaneswar Godown Campus, Baxi Bazar, Cuttack-753001 Pan No. : Aagcs 7858 D (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By Shri Prajanaraj Mohanty, Adv. : राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 04/01/2022 घोषणा की तारीख/Date Of Pronouncement : 02/02/2022 आदेश / O R D E R Per Bench : These Two Appeals Have Been Filed By The Assessee Arising Out Of The Order Passed By The Cit, Bhubaneswar, Dated 15.03.2011 U/S.263 Of The Act & The Order Passed By The Cit(A)-1, Bhubaneswar, Dated 30.10.2019 In I.T.Appeal No.0404/15-16, For The Assessment Year 2006- 2007. 2. On Perusal Of The Appeal Record, We Found That Ita No.338/Ctk/2019 Is Barred By 3021 Days. In This Regard, Ld. Ar Of The Assessee Has Filed An Application For Condonation Of Delay Along With An Appeal. On The Other Hand, Ld. Dr Opposed To Condone The Delay In Filing The Appeal. 3. After Hearing The Rival Submissions & Perusing The Application Of The Assessee Stating The Reasons For Delay In Filing The Appeal, We Are Satisfied That The Assessee Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Stipulated Period Causing Delay Of 3021 Days. We, Respectfully Following The Decision Of Hon’Ble Supreme Court In The Case Of Collector Land Acquisition Vs. Mst. Katiji & Ors., 167 Itr 471 (Sc), Condone The Delay & Appeal Is Heard Finally.

For Respondent: Shri M.K.Gautam, CITDR
Section 263Section 5(1)

M/S. Shree Leasing & Finance Ltd., Cuttak vs. CIT, Bhubaneswar

In the result, both appeals of the assessee are dismissed as withdrawn

ITA 338/CTK/2019[2006-07]Status: DisposedITAT Cuttack01 Feb 2022AY 2006-07

Bench: Shri P.M.Jagtap & Shri C.M.Garg(Through : Video Conferencing) & M/S Shree Leasing & Finance Ltd. Vs Cit, Bhubaneswar Meria Bazar, Old Usha Co. /Acit, Circle-1(1), Bhubaneswar Godown Campus, Baxi Bazar, Cuttack-753001 Pan No. : Aagcs 7858 D (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By Shri Prajanaraj Mohanty, Adv. : राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 04/01/2022 घोषणा की तारीख/Date Of Pronouncement : 02/02/2022 आदेश / O R D E R Per Bench : These Two Appeals Have Been Filed By The Assessee Arising Out Of The Order Passed By The Cit, Bhubaneswar, Dated 15.03.2011 U/S.263 Of The Act & The Order Passed By The Cit(A)-1, Bhubaneswar, Dated 30.10.2019 In I.T.Appeal No.0404/15-16, For The Assessment Year 2006- 2007. 2. On Perusal Of The Appeal Record, We Found That Ita No.338/Ctk/2019 Is Barred By 3021 Days. In This Regard, Ld. Ar Of The Assessee Has Filed An Application For Condonation Of Delay Along With An Appeal. On The Other Hand, Ld. Dr Opposed To Condone The Delay In Filing The Appeal. 3. After Hearing The Rival Submissions & Perusing The Application Of The Assessee Stating The Reasons For Delay In Filing The Appeal, We Are Satisfied That The Assessee Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Stipulated Period Causing Delay Of 3021 Days. We, Respectfully Following The Decision Of Hon’Ble Supreme Court In The Case Of Collector Land Acquisition Vs. Mst. Katiji & Ors., 167 Itr 471 (Sc), Condone The Delay & Appeal Is Heard Finally.

For Respondent: Shri M.K.Gautam, CITDR
Section 263Section 5(1)