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 Bansal Pathways P Ltd, Bhopal vs. CIT-1, Bhopal

In the result, both the appeals of the assessees are allowed

ITA 105/IND/2020[2015-16]Status: DisposedITAT Indore17 Aug 2021AY 2015-16

Bench: Shri Rajpal Yadav & Shri Manish Boradिनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2015-16 वष" M/S. Star Delta Transformers Ltd, Pr. Commissioner Of 92A, Industrial Area, Vs Income-Tax-1, Bhopal Govindpura, Bhopal-462023 Pan : Aaccs 0399 D "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2015-16 वष" M/S. Bansal Pathways Pvt. Ltd., Pr. Commissioner Of 3Rd Floor, Tawa Complex, Vs Income-Tax-1, Bhopal Bittan Market, E-5 Arera Colony, Bhopal-462016 Pan : Aaecb 7980 M "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) Assessee By : Shri Anil Kumar Khabya, Ar Revenue By : Shri S.S. Matri, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/08/2021 घोषणा क" तार"ख /Date Of Pronouncement: 17 /08/2021 आदेश/O R D E R Per Rajpal Yadav: The Present Two Appeals Are Directed At The Instance Of Separate Assessees Against The Orders Of The Learned Pr. Commissioner Of Income-Tax- 1, Bhopal Dated 27.12.2019 In The Case Of M/S. Bansal Pathways Pvt Ltd & Dated 15.01.2020 In The Case Of M/S. Star Delta Transformers Ltd., Passed For Assessment Year 2015-16 (For Both Assessees), Under Section 263 Of The Income-Tax Act, 1961. Ita Nos. 100 & 105/Ind/2020 Star Delta Transforers Ltd & Bansal Pathways Pvt Ltd Ay : 2015-16 2

For Appellant: Shri Anil Kumar Khabya, ARFor Respondent: Shri S.S. Matri, CIT-DR
Section 143(3)Section 263Section 80

M/S. Star Delta Transformers Ltd., 2015-16 vs. Pr. CIT -1, Bhopal

In the result, both the appeals of the assessees are allowed

ITA 100/IND/2020[2015-16]Status: DisposedITAT Indore17 Aug 2021AY 2015-16

Bench: Shri Rajpal Yadav & Shri Manish Boradिनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2015-16 वष" M/S. Star Delta Transformers Ltd, Pr. Commissioner Of 92A, Industrial Area, Vs Income-Tax-1, Bhopal Govindpura, Bhopal-462023 Pan : Aaccs 0399 D "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2015-16 वष" M/S. Bansal Pathways Pvt. Ltd., Pr. Commissioner Of 3Rd Floor, Tawa Complex, Vs Income-Tax-1, Bhopal Bittan Market, E-5 Arera Colony, Bhopal-462016 Pan : Aaecb 7980 M "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) Assessee By : Shri Anil Kumar Khabya, Ar Revenue By : Shri S.S. Matri, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/08/2021 घोषणा क" तार"ख /Date Of Pronouncement: 17 /08/2021 आदेश/O R D E R Per Rajpal Yadav: The Present Two Appeals Are Directed At The Instance Of Separate Assessees Against The Orders Of The Learned Pr. Commissioner Of Income-Tax- 1, Bhopal Dated 27.12.2019 In The Case Of M/S. Bansal Pathways Pvt Ltd & Dated 15.01.2020 In The Case Of M/S. Star Delta Transformers Ltd., Passed For Assessment Year 2015-16 (For Both Assessees), Under Section 263 Of The Income-Tax Act, 1961. Ita Nos. 100 & 105/Ind/2020 Star Delta Transforers Ltd & Bansal Pathways Pvt Ltd Ay : 2015-16 2

For Appellant: Shri Anil Kumar Khabya, ARFor Respondent: Shri S.S. Matri, CIT-DR
Section 143(3)Section 263Section 80

M/S Trimurty Buildcon Pvt.Ltd., Jaipur vs. ITO, Ward, 2(2), Jaipur

In the result, this appeal of the assessee is allowed

ITA 46/JPR/2021[2013-14]Status: DisposedITAT Jaipur17 Aug 2021AY 2013-14

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 46/Jp/2021 Fu/Kzkj.K O"Kz@Assessment Year :2013-14 M/S Trimurty Buildcon Pvt. Ltd., Cuke I.T.O. Vs. 601, Geeta Enclave, Vinoba Ward 2(2) Marg, C-Scheme, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabct 7285 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Miss. Shivangi Samdhani (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 29/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 17/08/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), New Delhi Dated 25/03/2021 For The A.Y. 2013-14 In The Matter Of Order Passed U/S 250 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. In The Facts & Circumstances Of The Case & In Law, Id. Cit(A), Has Erred In Dismissing The Appeal Of Assessee Company For The Sole Reason Of The Appeal Having Been Filed With Delay. The Action Of Id. Cit (A) Is Illegal, Unjustified, Arbitrary & Against The Facts Of The Case. Relief May Please Be Granted By Setting Aside The Order Of Id. Cit (A). 2. In The Facts & Circumstances Of The Case & In Law, Id. Cit(A), Has Erred In Coming To The Conclusion That The Appeal Of The 2

For Appellant: Miss. Shivangi Samdhani (CA)For Respondent: Shri A.S. Nehra (Addl.CIT)
Section 250Section 271(1)(c)

Sri Vasavamba Co-Operative Society Limited, Hunsur vs. The Principal Commissioner of Income Tax, Mysore

In the result, appeal by the assessee is partly allowed for statistical purpose

ITA 453/BANG/2020[2015-16]Status: DisposedITAT Bangalore13 Aug 2021AY 2015-16

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2015-16 M/S. Vasavamba Co-Operative Society Ltd., Vs. The Principal Commissioner Of Income Tax, Ganesh Temple, Street Hunsur, Mysuru. Mysuru – 571 105, Karnataka. Pan : Aalas 6055 P Appellant Respondent Appellant By : Shri. V. Srinivasan, Advocate Respondent By : Ms. Neera Malhotra, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 10.08.2021 Date Of Pronouncement : 13.08.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 28.04.2020 Of Pr.Cit, Mysuru, Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’), In Relation To Assessment Year 2015-16. 2. The Assessee Is A Co-Operative Society Registered Under The Karnataka State Co-Operative Societies Act, 1959. It Accepts Deposits From Its Members & Provides Credit Facilities To Its Members. The Assessee Also Derives Income By Distributing Food Grains On Behalf Of The Karnataka State Food & Civil Supplies Corporation Ltd. In The Return Of Income Filed For Assessment Year 2015-16, The Asssessee Claimed Deduction Under Section 80P(2)(A)(I) Of The Act, 1961 Of A Sum Of Rs.10,61,494/- As Income From The Business Of Providing Credit Facilities To Its Members. The Ao Page 2 Of 15 Passed An Order Of Assessment Under Section 143(3) Of The Act Dated 31.07.2017 Accepting The Claim Of The Assessee.

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 263Section 80Section 80P(2)(a)Section 80P(2)(d)

M/S Goodpoint Stockist Pvt Ltd, Kolkata vs. ITO, Ward-11(4), Kolkata

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

ITA 82/KOL/2021[2012-13]Status: DisposedITAT Kolkata12 Aug 2021AY 2012-13

Bench: Shri P. M. Jagtap, Vice- & Shri Sanjay Gargi.T.A. No.82/Kol/2021 Assessment Year: 2012-13 M/S Goodpoint Stockist Pvt. Ltd...………………………….……Appellant 83, Sarat Chatterjee Road, Kolkata-700089. [Pan: Aaecg6402D] Vs. Pcit-4, Kolkata……………………........…………...………..…..Respondent Appearances By: Shri Bisweswar Ghosh, Ar, Appeared On Behalf Of The Appellant. Shri Mithilesh Jha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 10, 2021 Date Of Pronouncing The Order : August 12, 2021 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.03.2019 Of The Principal Commissioner Of Income Tax (Appeals)-4, Kolkata (Hereinafter Referred To As ‘Pcit’). 2. As Pointed Out By The Registry, The Appeal Is Time-Barred By 147 Days. Further, The Ld. Dr Has Brought Our Attention To Form No.36 I.E. Original Form Of Appeal & Submitted That The Assessee Originally Had Filed Appeal Against The Ito, Ward-11(4), Kolkata & Further That The Assessee Originally Assailed The Assessment Order Dated 30.12.2019 Passed U/S 144 R.W.S 263 Of The Income Tax Act (Hereinafter The “Act”). However, The Assessee Subsequently Filed Revised Form Of Appeal Whereby The Name Of The Respondent Has Been Changed As Pcit-4, Kolkata. 3. The Ld. Ar, In This Respect, Has Submitted That In Fact The Assessee Did Not Receive The Order Dated 11.03.2019 Passed By The Ld. Pcit U/S 263 Of The Act. That The Assessee Came To Know About The Order Passed U/S 263 Only On The Receipt Of Assessment Order Passed U/S 143(3) R.W.S. 263 Of The Act Pursuant To The Directions Given By The Ld. Pcit Vide Revision Order Dated 11.03.2019. He Has Further Submitted That Due To An Inadvertent

Section 143(3)Section 144Section 263