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

Rena Sahakari Sakhar Karkhana Ltd, Latur vs. Pr. Commissioner of Income-Tax -2, Aurangabad

ITA 1249/PUN/2018[2013-14]Status: DisposedITAT Pune07 Jan 2022AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Ravish Sood, Jm Assessment Year :2013-14 Rena Sahakari Sakhar Karkhana Ltd., A/P Niwada, Tq. Renapur, Dist. Latur. ……….Appellant Pan No. Aaaar1864N V/S. Pr. Commissioner Of Income-Tax 2, Aurangabad ……… Respondent Assessee By : Shri Girish Ladda, A.R Department By : Shri Kalika Singh, D.R Date Of Hearing : 06-01-2022 Date Of Pronouncement : 07-01-2022 Order Per Ravish Sood, Jm The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Pr. Commissioner Of Income Tax-2, Aurangabad, Dated 27.03.2018 Under Sec.263 Of The Income Tax Act, 1961 (For Short „Act‟), Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act, Dated 07/03/2016. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: “1. The Notice Issued U/S 263 By The Principal Commissioner Of Income-Tax-2, Aurangabad & The Order Passed U/S 263 Are Illegal, Bad In Law & Without Jurisdiction. 2. That Having Regard To The Facts & Circumstances Of The Case, Pr. Cit Has Erred In Law & On Facts In Assuming Jurisdiction In Passing The Order U/S 263, More So When The Assessment Order Passed U/S 143(3) Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 3. The Pr. Cit-2 Erred In Holding That Assessee Not Eligible For Deduction Of Rs. 75,38,534 U/S 80P(2)(D) Of The Income-Tax Act & Further Erred In Setting Aside The Issue To The A.O.

For Appellant: Shri Girish Ladda, A.RFor Respondent: Shri Kalika Singh, D.R
Section 143(3)Section 263Section 80P(2)(d)

M/S. Perfect Krushi Market Yard Pvt.Ltd, Nashik vs. Pr. Commissioner of Income-Tax -2, Nashik

In the result, the appeal filed by the assessee stands allowed

ITA 464/PUN/2019[2015-16]Status: DisposedITAT Pune07 Jan 2022AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Ravish Soodआयकर अपील सं. / Ita No.464/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 M/S. Perfect Krushi Market Vs. Pr. Cit-2, Yard Pvt. Ltd., Nashik. Nilgiri Park, Near Yash Lawns, Nashik- 422003. Pan : Aagcp4760P Appellant Respondent Assessee By : Shri Sanket Joshi Shri Naimish Sanjay Dixit Revenue By : Shri Kalika Singh Date Of Hearing : 06.01.2022 Date Of Pronouncement 07.01.2022 : आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax- 2, Nashik [‘Pr.Cit’ For Short] Passed U/S 263 Of The Income Tax Act, 1961 (‘The Act’) Dated 17.01.2019 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Pcit Erred In Passing The Revision Order U/S 263 By Holding That The Asst. Order Passed U/S 143(3) In The Case Of The Assessee Company For A.Y.2015 - 16 Was Erroneous & Prejudicial To The Interest Of Revenue & Thereby Directing The A.O. To Verify The Issue Regarding Exemption U/S 10(26Aab) De Novo. 2. The Learned Pcit Erred In Holding That The A.O. Has Not Applied The Proper Provisions Of Law While Verifying The Issue Of Allowing

For Appellant: Shri Sanket JoshiFor Respondent: Shri Kalika Singh
Section 10Section 143(3)Section 263