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

Amitanil Modi (HUF), Mumbai vs. Pr CIT 33, Mumbai

In the result, appeal of the assessee is allowed

ITA 3/MUM/2020[2011-12]Status: DisposedITAT Mumbai31 May 2021AY 2011-12

Bench: Shri Rajesh Kumar & Shri Amarjit Singhआयकर अपील सं/ I.T.A. No.03/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Amitanil Modi (Huf) बिधम/ Pr.Cit-33 8Th Floor, Kautilya Bhavan B-401, Subh Shanti Complex Vs. M.B.Road, Dhanukar Wadi Bkc, Bandra(E) Kandivali(W) Mumbai-400 051 Mumbai-400 703 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahha5667G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Rajiv Harit, Cit(Dr) Assessee By: Shri Subodh Ratnaparkhi, Ar सुनवाई की तारीख / Date Of Hearing: 23/03/2021 घोषणा की तारीख /Date Of Pronouncement: 31/05/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 29/03/2019 Passed By The Principal Commissioner Of Income Tax (Appeals) -33, Mumbai In View Of Section 263 Of The I.T.Act, 1961 Relevant To The A.Y.2011-12. 2. The Assessee Has Raised The Following Grounds: - 1. “ The Hon.Pr..Cit Erred In Holding The Order Framed By The Ld.Ao U/S 143(3) R.W.S. 147 Of The I.T.Act, 1961 On 07.12.2016, To Be Erroneous & Prejudicial To The Interest Of Revenue & Accordingly The Assumption Of Jurisdiction By The Hon.Pr.Cit U/S 263 Of The I.T.Act, 1961 Was Not Valid & Justified By Law.

For Appellant: Shri Subodh Ratnaparkhi, ARFor Respondent: Shri Rajiv Harit, CIT(DR)
Section 143(3)Section 263

M/S Nilkanth Stone Industries, Valsad vs. The Principal Commissioner of Income Tax, Valsad

In the result the appeal of the assessee is partly allowed

ITA 386/SRT/2018[2014-15]Status: DisposedITAT Surat27 May 2021AY 2014-15

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.386/Srt/2018 "नधा"रण वष"/Assessment Year: 2014-15 M/S Nilkanth Stone Industries, Vs. The Principal Commissioner Shop No.A-1/2/3, Nilkanth Of Income Tax, Valsad. Residency, B/H Old Jakarta Nagar, Tithal Road, Valsad. [Pan: Aajfn 5653 K] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओर से /Assessee By Shri Surji Chheda - Ca राज"वक"ओर से /Revenue By Shri Ritesh Mishra – Cit-Dr सुनवाई की तारीख/ Date Of Hearing: 08.04.2021 उ"घोषणा क" तार"ख/Pronouncement On: 27.05.2021 आदेश /O R D E R Per Pawan Singh, Judicial Memeber: 1. This Appeal Under Section 253 Of Income-Tax Act (Act) By The Assessee Is Directed Against The Order Of Ld. Principal Commissioner Of Income Tax, Valsad Hereinafter Referred As “Ld. Pcit” Passed Under Section 263 Of Income-Tax Act (Act) Dated 27.03.2018, For The Assessment Year (Ay) 2014-15. The Assessee Vide His Application Dated 16.08.2018 Following Concise Grounds Of Appeal: “1. In The Facts & In The Circumstances Of The Case, The Learned Cit Has Erred In Initiation Of Proceedings U/S 263 Of The Income Tax Act, 1961 & Which Was Without Jurisdiction & The Cit Erred In Holding That The Assessment Order Was Erroneous & Prejudicial To The Interest Of Revenue On All Issues Discussed In Revision Order & Has Erred In Setting It Aside For Fresh

Section 253Section 263

Trividh Corporation, Surat vs. Pr. CIT-2, Surat

In the result, the appeal of the assessee is allowed

ITA 86/SRT/2020[2015-16]Status: DisposedITAT Surat24 May 2021AY 2015-16

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.86/Srt/2020 ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) Trividh Corporation, Vs. The Pcit, Surat. Tp No.25, Fp No.103, Aashtha Medicare & Residency, Abrama Road, Mota Varachha, Surat-395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahft0894N (Assessee) (Respondent) Assessee By : Shri Rajesh Upadhyay, Ar Revenue By : Shri S. T. Bidari, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 13/05/2021 घोषणाक"तार"ख/Date Of Pronouncement : 24/05/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax, Surat [In Short “The Ld. Pcit”], Under Section 263 Of The Income Tax Act, 1961, [Hereinafter Referred To As The “Act”]. Grievances Raised By The Assessee Are As Follows: “1. Ld. Principal Cit Has Erred In Law & On Facts To Invoke Provisions Of Section 263 Of The Act & Finally ‘Set-Aside’ Ao’S Assessment Completed U/S 143(3) Of The Act & Also Direct The Ao To Frame The Assessment ‘Denovo’.” 2. The Relevant Material Facts, As Culled Out From The Material On Record, Are As Follows. The Assessee Before Us Is A Firm. It Has Filed Its Return Of Income For Assessment Year 2015-16 On 13.10.2015 Declaring Total Income At Rs. 4,42,80,220/-. The Assessee`S Case Was Selected For Scrutiny & Statutory Notice U/S 143(2) Of The Act Was Issued To The Assessee. The Assessee Is Engaged In The Business Of Construction & Project Development Activities. The Id Assessing Assessment Years.2015-16 Trividh Corporation Officer (Herein After Referred To ‘Ao’) Finalized The Assessment U/S 143(3) Of The Income Tax Act, On 11.12.2017, Accepting The Returned Income Of The Assessee.

For Appellant: Shri Rajesh Upadhyay, ARFor Respondent: Shri S. T. Bidari, CIT(DR)
Section 115BSection 131Section 133ASection 143(2)Section 143(3)Section 263