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

H.Kannan, Madurai vs. ACIT Non Corporate Circle 2, Madurai

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

ITA 1315/CHNY/2019[2014-15]Status: DisposedITAT Chennai13 Sept 2019AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. No. 1315/Chny/2019 िनधा"रण वष"/Assessment Year:2014-15 Shri H. Kannan, The Assistant Commissioner Of M/S. Unikans, 256/2, Vasuki Nagar, Vs. Income Tax, Thiruvalluvar Colony, P & T Nagar, Non Corporate Circle 2, Madurai 625 002. Madurai 625 002. [Pan:Aakpk9016E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sankaralingam, Retd. Cit ""थ" की ओर से/Respondent By : Shri S. Barath, Cit सुनवाई की तारीख/ Date Of Hearing : 09.07.2019 घोषणा की तारीख /Date Of Pronouncement : 13.09.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Madurai-1, Madurai, Dated 27.03.2019 For Ay 2014-15 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short]. The Assessee Has Raised Following Grounds: “1. The Impugned Order Is Barred By Limitation As The Order Was Despatched Only On 05.04.2019 & Received By The Assessee On 06.04.2019. 2. The Impugned Order Is Illegal & Invalid As Notice Under Section 263 Was Issued On One Ground But The Order Was Passed On Different Ground Without Giving Notice To The Assessee.

For Appellant: Shri S. Sankaralingam, Retd. CITFor Respondent: Shri S. Barath, CIT
Section 143(3)Section 263

S.A.Enterprises, Mumbai vs. Pr. CIT - 32, Mumbai

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 2419/MUM/2019[2009-10]Status: DisposedITAT Mumbai13 Sept 2019AY 2009-10

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.2419/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2009-10) बनधम/ M/S. S. A. Enterprises Pr. Cit-32 Mumbai Bunglow No.70/74, Vs. Sheyas Goral Link Road, Near Gorai Bridge Bus Stop, Borivali (W), Mumbai-400092. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abafs8654B (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Rajiv Khandelwal Revenue By: Shri Laxmi Vara Prasad Gude (Dr) सुनवाई की तारीख / Date Of Hearing: 16/07/2019 घोषणा की तारीख /Date Of Pronouncement: 13/09/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 27.03.2019 Passed By The Principal Commissioner Of Income Tax-32, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2009-10 In Which The Principal Commissioner Of Income Tax-32 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “The Ground Or Grounds Of Appeal Are Without Prejudice To One Another. 1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Pr. Cit-32, Mumbai Erred In Holding That The Assessment Order Dated 22-12- 2016 Passed U/S.143(3) R.W.S. 147 By The Asst. Cit, 32(3), Mumbai Is Erroneous In So Far As It Is Prejudicial To The Interest Of The Revenue By Invoking The Provisions Of Section 263 Because In His Opinion, The Additions Of Rs.1,05,16,040/- & Rs.3,15,482/- Are Made U/S.68 & 69C Respectively Ought To Have Not Been Set Off Against The Loss Incurred During The Year & Thereby Further Erred In Setting Aside The Assessment Order & Directing The Ao To Complete The Assessment Accordingly

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri Laxmi Vara Prasad Gude
Section 143(3)Section 263Section 68

The Indian Film Combine P.Ltd, Mumbai vs. Principal Commissioner of Income Tax 16, Mumbai

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 1985/MUM/2019[2014-15]Status: DisposedITAT Mumbai13 Sept 2019AY 2014-15

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1985/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2014-15) बनधम/ The Indian Film Combine Principal Commissioner Of Income-Tax-16 Pvt. Ltd. Vs. Room No.442, Aayakar 1St Floor, Maker Tower „F‟ Bhawan, M.K. Road, Cuffe-Parade, Mumbai- Mumbai. 400005. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. :Aaaci3611E (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Prakash Jothwani (Ar) Revenue By: Shri Awungshi Gimson (Dr) सुनवाई की तारीख / Date Of Hearing: 06/08/2019 घोषणा की तारीख /Date Of Pronouncement: 13/09/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.01.2019 Passed By The Principal Commissioner Of Income Tax, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2014-15 In Which The Principal Commissioner Of Income Tax Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds: - “I. The Principal Commissioner Of Income Tax -16 ("Hereinafter Referred To As The Pcit"), Ignoring The Relevant Facts On Record, Has Erred In Passing Order Under Section 263 Of The Income Tax Act, 1961 By Holding That The Assessment Order Passed By The Ito 16(1)(5) ("Hereinafter Referred To As The Learned Ao") U/S 143(3) Of The Act Dated 26.12.2016 Is Erroneous So As To Be Prejudicial To The Interest Of The Revenue & Directing The Ao To Decide All The Issues Afresh. The Appellant Submits That The Order U/S.263 Of The Act For Modifying The Order U/S.143(3) Of The Act Is Bad In Law, Illegal, Ultra-Virus, In Excess Of And/Or In Want Of Jurisdiction & Otherwise Void. 2. The Pcit Failed To Appreciate That The A.O. While Passing Order U/S 143(3) Has Considered The Facts Of The Case & Had Taken The Legally Correct View. The Pcit Erroneously Observed That There Is At Least Some

For Appellant: Shri Prakash Jothwani (AR)For Respondent: Shri Awungshi Gimson (DR)
Section 143(1)Section 143(2)Section 143(3)Section 263

East Point Education Society, Delhi vs. ADIT (E), Delhi

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

ITA 2347/DEL/2017[2012-13]Status: DisposedITAT Delhi06 Sept 2019AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 East Point Education Society, Vs Adit (E), F-26, Vasundhara Enclave, Trust Circle-Ii, Delhi. Delhi. Pan: Aaate2296E (Appellant) (Respondent) Assessee By : Shri Arvind Kumar Jain, Advocate Revenue By : Ms Ashima Neb, Sr. Dr Date Of Hearing : 26.08.2019 Date Of Pronouncement : 06.09.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th March, 2017 Of The Cit(E) Passed U/S 263 Of The It Act Relating To Assessment Year 2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Society Registered U/S 12A Of The It Act, Vide Registration Dated 10.09.1985 & Also Registration U/S 80G(5)(Vi) Of The It Act, Vide Order Dated 23.11.2009, For Assessment Year 2010-11 To 2012-13. The Assessee Society Is Running A School Named Starex International, Formerly Known As East Point School, At Vasundhara Enclave, Delhi. It Filed Its Return Of Income On 27Th September, 2012 Declaring ‘Nil’ Income Along With Audit Report U/S 12A(B) In Form No.10B & Also Balance Sheet, Income & Expenditure Account With Relevant Schedules. The Assessing Officer Completed The Assessment U/S 143(3) On 12.11.2014

For Appellant: Shri Arvind Kumar Jain, AdvocateFor Respondent: Ms Ashima Neb, Sr. DR
Section 12ASection 143(3)Section 263Section 80G(5)(vi)