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

Pramod Bajaj, Kolkata vs. PCIT-10, Kolkata

In the result, both the appeals of the assessee stand allowed

ITA 444/KOL/2020[2016-17]Status: DisposedITAT Kolkata06 Aug 2021AY 2016-17

Bench: Shri Sanjay Garg & Dr. M. L. Meenai.T.A. Nos.443&444/Kol/2020 Assessment Years: 2015-16& 2016-17 Pramod Bajaj ………..………..…...………………………….……Appellant 137, Flat No.5C, 5Th Floor, S.P. Mukherjee Road Kolkata-700026. [Pan:Aeapb6237L] Vs. Pcit-10, Kolkata………………………………...………..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Manish Kanojia, Cit (Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 05, 2021 Date Of Pronouncing The Order : August 06, 2021 Order Per Bench: By This Common Order, We Will Dispose Off Two Appeals Preferred By The Assessee Contesting The Revision Orders U/S 263 Of The Income Tax Act Both Dated 20.02.2020 Relevant To Assessment Years 2015-16 & 2016-17 Passed By The Principal Commissioner Of Income Tax-10, Kolkata (Hereinafter Referred To As “Pcit’) 2. No One Has Put In Appearance On Behalf Of The Assessee. However, After Going Through The Impugned Orders & The Available Records On The Files & After Hearing The Ld. Dr, We Proceed To Adjudicate The Captioned Appeals. 3. First, We Will Take Up The Assessee’S Appeal Ita No.443/Kol/2020 Relevant To Assessment Year 2015-16. Ita No.443/Kol/2020 Assessment Year 2015-16 – 4. In This Appeal, The Assessee Has Contested The Invocation Of Revision Jurisdiction By The Ld. Pcit U/S 263 Of The Act, Whereby,He Has Set Aside The Assessment Order Of The Assessing Officer For De Novo Assessment.

Section 143(3)Section 263Section 35A

Snigdharani Patra, Cuttack vs. CIT(It & Tp), Kolkata

In the result, the appeal of the assessee is allowed

ITA 359/KOL/2020[2015-16]Status: DisposedITAT Kolkata06 Aug 2021AY 2015-16

Bench: Shri Sanjay Garg & Dr. M. L. Meenai.T.A. No.359/Kol/2020 Assessment Year: 2015-16 Snigdharanipatra………..………..…...………………………….……Appellant Plot No.624, C/O- Trilochansahoo, Mahanadi Vihar, Cuttack-751004. [Pan: Avcpp9028N] Vs. Cit(It & Tp), Kolkata………………………………...………..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Manish Kanojia, Cit (Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 03, 2021 Date Of Pronouncing The Order : August 06, 2021 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.03.2020 Of The Cit(It & Tp), Kolkata (Hereinafter Referred To As‘Cit’) Passed U/S 263 Of The Income Tax Act. 2. No One Has Put In Appearance On Behalf Of The Assessee Despite Notice. Therefore, We Proceed To Decide This Appeal Ex Parte Of The Assessee After Hearing The Ld. Dr. 3. The Assessee In This Appeal Has Agitated Against The Exercise Of Revisionary Jurisdiction By The Ld. Cit U/S 263 Of The Income Tax Act. 4. The Brief Facts Of The Case Are That The Ld. Cit Noted From The Assessment Records That The Assessee Had Shownlongterm Capital Gain Of Rs.1,21,76,044/- After Claiming Deduction U/S 54Ec & U/S 54F Ofthe I.T.Act At Rs.50,00,000/- & Rs.1,15,27,551/- Respectively. The Claim Of Cost Of Improvement To The Property In Respect Of Some Of The Items Was Disallowed By The Assessing Officer & Thelong-Term Capital Gain Was

Section 263Section 54ESection 54F

Pramod Bajaj, Kolkata vs. PCIT-10, Kolkata

In the result, both the appeals of the assessee stand allowed

ITA 443/KOL/2020[2015-16]Status: DisposedITAT Kolkata06 Aug 2021AY 2015-16

Bench: Shri Sanjay Garg & Dr. M. L. Meenai.T.A. Nos.443&444/Kol/2020 Assessment Years: 2015-16& 2016-17 Pramod Bajaj ………..………..…...………………………….……Appellant 137, Flat No.5C, 5Th Floor, S.P. Mukherjee Road Kolkata-700026. [Pan:Aeapb6237L] Vs. Pcit-10, Kolkata………………………………...………..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Manish Kanojia, Cit (Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 05, 2021 Date Of Pronouncing The Order : August 06, 2021 Order Per Bench: By This Common Order, We Will Dispose Off Two Appeals Preferred By The Assessee Contesting The Revision Orders U/S 263 Of The Income Tax Act Both Dated 20.02.2020 Relevant To Assessment Years 2015-16 & 2016-17 Passed By The Principal Commissioner Of Income Tax-10, Kolkata (Hereinafter Referred To As “Pcit’) 2. No One Has Put In Appearance On Behalf Of The Assessee. However, After Going Through The Impugned Orders & The Available Records On The Files & After Hearing The Ld. Dr, We Proceed To Adjudicate The Captioned Appeals. 3. First, We Will Take Up The Assessee’S Appeal Ita No.443/Kol/2020 Relevant To Assessment Year 2015-16. Ita No.443/Kol/2020 Assessment Year 2015-16 – 4. In This Appeal, The Assessee Has Contested The Invocation Of Revision Jurisdiction By The Ld. Pcit U/S 263 Of The Act, Whereby,He Has Set Aside The Assessment Order Of The Assessing Officer For De Novo Assessment.

Section 143(3)Section 263Section 35A