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

Sri Alok Agrawal, Sundergarh vs. Pr. CIT, Sambalpur

In the result, both appeals of the assessee are partly allowed

ITA 160/CTK/2019[2014-15]Status: DisposedITAT Cuttack10 Aug 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita Nos.319/Ctk/2018 & Ita No.160/Ctk/2019 (नििाारण वषा / Assessment Year :2013-2014 & 2014-2015) Sri Alok Agrawal, Vs. Pr. Cit, Sambalpur Rathor Colony, Ocl Approach Road, Rajgangpur, District-Sundergarh Pan No. : Afkpa 2367 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.S.Poddar, Ca राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 04/08/2020 घोषणा की तारीख/Date Of Pronouncement : 11/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Have Been Filed By The Assessee Against The Order Passed By The Pr. Cit, Sambalpur, Dated 26.03.2018 & 26.03.2019 For The Assessment Years 2013-2014 & 2014-2015. 2. Similar Issue Has Been Raised In Both The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In Ita No.319/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned Therein & The Outcome Of The Same Shall Be Applied Mutatis Mutandis To The Appeal Of The Assessee For A.Y.2014-2015 Also. 3. Grounds Raised In Ita No.319/Ctk/2018 For A.Y.2013-2014 Are As Under :- 1. That The Notice Issued Under Section 263 By The Principal Commissioner Of Income Tax, Sambalpur (Hereinafter Referred To As "Pr. Cit") & The Order Passed Under Section 263 Is Unjustified, Arbitrary, Excessive, Contrary To Evidences & Bad In Law.

For Appellant: Shri S.S.Poddar, CAFor Respondent: Shri M.K.Gautam, CIT-DR
Section 143(3)Section 14ASection 263Section 263(1)

Sri Alok Agarwal, Sundergarh vs. Principal CIT, Sambalpur

In the result, both appeals of the assessee are partly allowed

ITA 319/CTK/2018[2013-14]Status: DisposedITAT Cuttack10 Aug 2020AY 2013-14

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita Nos.319/Ctk/2018 & Ita No.160/Ctk/2019 (नििाारण वषा / Assessment Year :2013-2014 & 2014-2015) Sri Alok Agrawal, Vs. Pr. Cit, Sambalpur Rathor Colony, Ocl Approach Road, Rajgangpur, District-Sundergarh Pan No. : Afkpa 2367 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.S.Poddar, Ca राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 04/08/2020 घोषणा की तारीख/Date Of Pronouncement : 11/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Have Been Filed By The Assessee Against The Order Passed By The Pr. Cit, Sambalpur, Dated 26.03.2018 & 26.03.2019 For The Assessment Years 2013-2014 & 2014-2015. 2. Similar Issue Has Been Raised In Both The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In Ita No.319/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned Therein & The Outcome Of The Same Shall Be Applied Mutatis Mutandis To The Appeal Of The Assessee For A.Y.2014-2015 Also. 3. Grounds Raised In Ita No.319/Ctk/2018 For A.Y.2013-2014 Are As Under :- 1. That The Notice Issued Under Section 263 By The Principal Commissioner Of Income Tax, Sambalpur (Hereinafter Referred To As "Pr. Cit") & The Order Passed Under Section 263 Is Unjustified, Arbitrary, Excessive, Contrary To Evidences & Bad In Law.

For Appellant: Shri S.S.Poddar, CAFor Respondent: Shri M.K.Gautam, CIT-DR
Section 143(3)Section 14ASection 263Section 263(1)

Mahesh Mehta, Delhi vs. ACIT, New Delhi

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

ITA 3617/DEL/2017[2009-10]Status: DisposedITAT Delhi10 Aug 2020AY 2009-10

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2009-10 Mahesh Mehta, Vs Acit, 2042, Katra Tobacco, Central Circle-13, Khari Baoli, New Delhi. Delhi. Pan: Agbpm7320C (Appellant) (Respondent) Assessee By : Shri Suresh K. Gupta, Ca Revenue By : Ms Parimita Biswas, Sr. Dr Date Of Hearing : 30.07.2020 Date Of Pronouncement : 10.08.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St March, 2017 Of The Cit(A)-28, New Delhi Relating To Assessment Year 2009-10. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Addition Made By The Ao Of Rs.2 Crores U/S 69 Of The Act In The Order Passed U/S 263/143(3) Of The Act. 3. The Ld. Counsel For The Assessee, At The Outset, Submitted That The Ao Passed The Order U/S 263/143(3) Of The Act On 31St March, 2015 Determining The Total Income Of The Assessee At Rs.6,28,15,410/- Wherein He Made Addition Of Rs.2 Crore U/S 69 Of The Act Which The Ld. Cit(A) Has Sustained. He Submitted That Against The Order Of The Pcit Passed U/S 263 Of The Act, The Assessee Preferred Appeal Before The Tribunal & The Tribunal, Vide Ita No.2804/Del/2014, Order Dated 12Th March, 2020, Had Quashed The Section 263 Proceedings & Upheld The Original Assessment Order Passed U/S 153A/143(3) Of The Act. He Submitted That Since The Section 263 Order Passed By The Pcit Has Been Quashed, The Subsequent Proceedings By The Ao Become Infructuous And, Therefore, The Order Passed By The Ao & The Cit(A) Have To Be Quashed.

For Appellant: Shri Suresh K. Gupta, CAFor Respondent: Ms Parimita Biswas, Sr. DR
Section 153ASection 263Section 69

Shivani Ispat and Rolling Mill (P) Ltd., Byrnihat vs. Assistant Commissioner of Income Tax, Circle-Shillong, Shillong

In the result, the appeal of the assessee is allowed

ITA 227/GTY/2019[2014-15]Status: DisposedITAT Guwahati31 Jul 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.227/Gau/2019 ("नधा"रणवष" / Assessment Year:2014-15) Shivani Ispatand Rolling Mill Vs. Acit, Circle-Shillong (P) Ltd. 13Th Mile, Tamulkuchi, Byrnihat, G.S. Road, Ri-Bhoi, Meghalaya "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aafcs 3465 B (Appellant) .. (Respondent) Appellant By :Shri J.P. Gupta, Fca Respondent By :Shri T. Hunar, Jcit, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 15/06/2020 घोषणाक"तार"ख/Date Of Pronouncement : 31/07/2020 आदेश / O R D E R Per Dr. A. L. Saini: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2014-15, Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeal)- Shillong, In Appeal No. Cit(A)/Shg/10083/2018-19 Dated 17.04.2019, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) / 92C(4) / 263 Of The Income Tax Act, 1961 (In Short The ‘Act’) Dated 30/11/2018. 2.When This Appeal Was Called Out For Hearing, The Ld. Counsel For The Assessee Invited Our Attention To The Order Dated 10.06.2020, Passed By The Tribunal In The Case Of M/S Raipur Steel Casting India (P) Ltd. & Srinath Ji Furnishing Pvt. Ltd. In I.T.A. No. 895& 1035/Kol/2019, For Assessment Year 2014-15.Wherein Thetribunal Held That Effect Of Omission Of Clause (I) Of Section 92Ba W.E.F 01.04.2017 Had The Effect Of It Being Omitted From Its Inception Hence, Reference

For Appellant: Shri J.P. Gupta, FCAFor Respondent: Shri T. Hunar, JCIT, Sr. DR
Section 143(3)Section 263Section 40ASection 92B