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

M/S. Siddheshwari Infrastructure, Ahmedabad vs. The Pr. CIT-(Central), Ahmedabad

In the result, the appeal of the assessee is dismissed as withdrawn

ITA 925/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad15 Nov 2021AY 2014-15

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedassessment Years : 2014-15 M/S. Siddheshwari Infrastructure, Pcit – Central 4Th Floor, S K House, Opp. Vs Ahmedabad Karnavati Club, Drive In Road, Bodakdev, Ahmedabad-380054 Pan : Abmfs 3587 R अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "त्त्त्त् यथ" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Biren Shah, Ar Revenue By : Shri R.R. Makwana, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 15/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 17/11/2021 आदेश/O R D E R आदेश आदेश आदेश Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Learned Principal Commissioner Of Income-Tax (Central), Ahmedabad Dated 29Th March 2019 Passed Under Section 263 Of The Income Tax Act, 1961 (“The Act” In Short) For Assessment Year 2014-15. 2. The Learned Counsel For The Assessee, At The Very Outset, Submitted That In Pursuance Of Impugned Order Of Pcit Dated 29Th March 2019, The Assessing Officer Has Passed The Assessment Order. He Made Partial Additions. Those Additions Were Challenged Before The Learned Cit(A) Who Has Deleted The Additions. The Appeal Of The Revenue Was Dismissed For Want Of Tax Effect. Hence, The Assessee Got The Relief; Therefore, It Is Not Interested In Prosecuting This Appeal & Prayed For Dismissal Of This Appeal As Withdrawn. We Do Not Have Any Hesitation In Dismissing The Appeal Of M/S. Siddheshwari Infrastructure Vs. Pcit Ay : 2014-15 2

For Appellant: Shri Biren Shah, ARFor Respondent: Shri R.R. Makwana, Sr DR
Section 263

Asst CIT 28 (1), Mumbai vs. Shri. Gordon Bruce Gaspar Serrao, Navi Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 6/MUM/2020[2013-14]Status: DisposedITAT Mumbai12 Nov 2021AY 2013-14

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm (Hearing Through Video Conferencing Mode) आयकर अपील सं/ I.T.A. No.06/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2013-14) Acit-28(1) बिधम/ Gordon Bruce Gaspar Serrao Room No.306, 3Rd Floor, 6Th Tracy Villa, Plot No.13, Vs. Tower, Vashi Railway Sector-8, Vashi, Navi Station Complex, Vashi, Mumbai-400703. Navi Mumbai-400703. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Alwps8430R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri T. S. Khalsa (Dr) Assessee By: Shri Kshipra Singhvi सुनवाई की तारीख / Date Of Hearing: 23/09/2021 घोषणा की तारीख /Date Of Pronouncement: 12/11/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 04.10.2019 Passed By The Commissioner Of Income Tax (Appeals) -26 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013- 14. 2. The Revenue Has Raised The Following Grounds: - "1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Allowing Relief To The Assessee To The Extent Impugned In The Grounds Enumerated Below: (1) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Directing The A.O. To Treat The A.Y.2013-14 Profits From Sale Of Flats As Long Term Capital Gain Without Appreciating The Fact That Assessee Has Merely Paid Booking Amount To Builder Mis. Platinum Properties But No Purchase Deed Were Executed Or Registered In The Name Of The Assessee & No Stamp Duty Or Registration Charges Were Paid By The Assessee Towards Purchase Of These Flats"?

For Appellant: Shri Kshipra SinghviFor Respondent: Shri T. S. Khalsa (DR)
Section 143(3)Section 263

M/S Cider Tracom Pvt. Ltd., Kolkata vs. I.T.O., Ward-6(1), Kolkata

The appeal stand allowed for statistical purposes

ITA 356/KOL/2020[2015-16]Status: DisposedITAT Kolkata10 Nov 2021AY 2015-16

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No. 356/Kol/2020 (िनधा"रण वष" / Assessment Year: 2015-16) M/S. Cider Tracom Pvt. Ltd. Ito, Ward – 6(1), Kolkata 12C, Lord Sinha Road, 2Nd Floor, बनाम/ Aaykar Bhawan,P-7 Shyamkunj, Flat No. 2B, Kolkata – 71. Chowringhee Square Vs. Kolkata – 700 069 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcc-0935-G (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri S.M. Surana, Advocate- Ld. Ar Revenue By : Shri Amol S. Kamat- Ld. Cit-Dr सुनवाई की तारीख/ : 10/11/2021 Date Of Hearing घोषणा की तारीख / : 10/11/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Contest The Validity Of Revisionary Jurisdiction U/S 263 As Exercised By Ld. Pr. Cit- 2, Kolkata Vide Order Dated 13.03.2020. 2. The Registry Has Noted A Delay Of 27 Days In The Appeal, The Condonation Of Which Has Been Sought By Ld. Sr. Counsel. Keeping In View The Fact That The Year 2020 Was Marred By Corona Pandemic (Cavid-19) & Keeping In View The Period Of Delay, We Condone & Delay & Proceed For Adjudication Of The Same On Merits. 3. The Ld. Sr. Counsel Submitted That ‘Limited Scrutiny’ Was Carried Out For The Year To Verify Three Aspects As Detailed In The Assessment Order.

For Appellant: Shri S.M. Surana, Advocate- Ld. ARFor Respondent: Shri Amol S. Kamat- Ld. CIT-DR
Section 263

M/S. Ruttonpore Plantations Pvt. Ltd., Kolkata vs. DCIT, CC - 4(3), Kolkata

The appeal stand dismissed as withdrawn

ITA 970/KOL/2018[2010-11]Status: DisposedITAT Kolkata10 Nov 2021AY 2010-11

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No. 970/Kol/2018 (िनधा"रण वष" / Assessment Year: 2010-11) M/S. Ruttonpore Plantations Pvt. Ltd. Dcit-Cc – 4(3) बनाम/ Continental Chambers, 4Th Floor, 15A, Kolkata. Vs. Hemanta Basu Sarani, Kolkata - 1 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcr-1873-N (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Withdrawal Letter Dated 18/11/2019 Revenue By : Shri Amol S.Kamat, Ld. Cit-Dr सुनवाई की तारीख/ : 10/11/2021 Date Of Hearing घोषणा की तारीख / : 10/11/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2010-11 Contest Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Cit Central, Kolkata – 2 Vide Order Dated 19.03.2018. 2. The Registry Placed On Record Assessee’S Letter Dated 18.09.2019 Wherein The Assessee Seeks Withdrawal Of The Appeal. The Main Effective Contents Of The Same Read As Under: “In Context To The Above Appeal It Is Submitted Before Your Lordship That We No Longer Want To Proceed With The Aforesaid Appeal As The Same In Not Essential Anymore & Therefore It Is Requested Before Your Lordship To Dismiss The Appeal As Withdrawn.”

For Appellant: Withdrawal letter dated 18/11/2019For Respondent: Shri Amol S.Kamat, Ld. CIT-DR
Section 263