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

Poonam Bhotika, Kolkata vs. ITO, Ward 43(1), Kolkata

In the result, assessee’s appeal stands allowed

ITA 665/KOL/2017[2012-13]Status: DisposedITAT Kolkata04 Apr 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Poonam Bhotika V/S. Income Tax Officer, 161/1 M.G. Road, Rom Wrd-43(1), 3, Govt. No.26, Kolkata-700 007 Place (W), [Pan No.Aqsps 2982 D] Kolkata-700 001 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri G. Hangshing, Cit-Dr ""यथ" क" ओर से/By Respondent 25-01-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- The Assessee Has Filed This Appeal Disputing The Order Of Pr. Commissioner Of Income Tax-15, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 22.03.2017 By Which The Ld. Pr. Cit Set Aside The Assessment Order Dated 02.03.2015 Passed U/S 143(3) Of The Act For Assessment Year 2012-13 With A Direction To Re-Do The Assessment In Respect Of Issue Therein. The Ground Raised By The Assessee In The Memo Of Appeal Filed With The Tribunal Read As Under:- “1. That The Commissioner Of Income-Tax,Kolkata-15 Is Not Justified Set Aside The Assessment Order For The Assessment Year 2012-13 Dated 02.03.2015 Passed By The Ito Ward-43(1), Kolkata Is Found To Be Erroneous & Prejudicial To The Interest Of Revenue On The Ground That The Allowability Of Loss In Future Option As An Admissible Business Expenditure Remained To Be Seen By The Ao During The Assessment Proceedings Although Prime Facie Evidence Against Its Allowability Was

Section 133(6)Section 143(1)Section 143(3)Section 14ASection 263Section 43(5)(d)

M/S Mirik Commercial Pvt. Ltd., Karnataka vs. PCIT, Central, Kolkata-2, Kolkata

In the result, assessee’s appeal stands allowed

ITA 1059/KOL/2016[2011-2012]Status: DisposedITAT Kolkata04 Apr 2018AY 2011-2012

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 M/S Mirik Commercial Pvt. V/S. Pr. Commissioner Of Ltd., 15B, Everest House, Income Tax, Central, 46C, Chowringhee Road, Kolkata-2 Kolkata-71 [Pan No.Aaecm 1753 F] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ravi Tulsiyan, Fca अपीलाथ" क" ओर से/By Appellant Shri G. Hanghing, Cit-Dr ""यथ" क" ओर से/By Respondent 24-01-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- The Assessee Has Filed This Appeal Disputing The Order Of Pr. Commissioner Of Income Tax-2, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.03.2014 Who Set Aside The Assessment Order Date 04.03.2014 For Assessment Year 2011-12 With A Direction To Re-Do The Assessment In Respect Of Issue Therein. Shri Ravi Tulsiyan, Ld. Authorized Representative Appeared On Behalf Of Assessee & Shri G. Hanghing, Ld. Departmental Representative Appeared On Behalf Of Revenue. The Assessee Has Raised The Following Grounds:- “1. That The Ld. Principal Cit, Kolkata-2 On The Facts & In The Circumstances Of The Case. Erred In Assuming Jurisdiction U/S. 263 Of The Act In Order To Impose His Own Views On The Ld. Ao. By Holding That The Order Passed By The

Section 153ASection 153CSection 2(22)Section 2(22)(e)Section 263