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

M/S.Balluram Steels Pvt. Limited, Rourkela vs. Principal CIT, Central Circle, Visakhapatnam

In the result, appeal of the assessee is allowed

ITA 291/CTK/2025[2018-19]Status: DisposedITAT Cuttack02 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.291/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2018-2019) M/S Balluram Steels Pvt. Ltd, Vs Pr.Cit, Central Circle, 1St Floor, Purohit Market Complex Visakhapatnam Main Road, Rourkela-769012 Pan No. :Aaccb 7253 P (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra, Ar राज"व क" ओर से /Revenue By : Shri Ashim Kumar Chakraborty, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 02/12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 02/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Pr.Cit(Central), Visakhapatnam, Dated 28.03.2025 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld. Ar That In The Course Of Assessment U/S.147 Of The Act, The Ao Had Disbelieved The Transaction Of The Purchase Of Iron Ore & Had Invoked The Provisions Of Section 37(1) Of The Act & Had Made The Disallowance Of Purchases. It Was The Submission That The Ld. Pr.Cit Has Invoked His Powers U/S.263 Of The Act & Had Directed That The Provisions Of Sectiion 37(1) Of The Act Is Not To Be Applied But The Provisions Of Section 69C Of The Act Are To Be Applied. It Was The Submission That The Issue Is Now Squarely Covered By The Decision Of The Coordinate Bench Of The Tribunal In The Case Of Bajrang Steel & Alloys Private Limited, Passed

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Ashim Kumar Chakraborty, CIT-DR
Section 147Section 263Section 37(1)Section 69C

Deepak Steel & Power Ltd, Barbil vs. ACIT-Circle- Rourkela, Rourkela

In the result, appeals of the assessee stand dismissed

ITA 553/CTK/2025[2009-10]Status: DisposedITAT Cuttack01 Dec 2025AY 2009-10

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita Nos.551 To 553/Ctk/2025 ("नधा"रण वष" / Assessment Years : 2007-08, 2008-09 & 2009-10) M/S. Deepak Steel & Power Ltd., Vs Acit, Circle-1, Sambalpur Ispat Bhawan, Station Road,Po: Barbil, Dist: Keonjhar Pan No. : Aabcd 8224 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri M.R.Sahu, Ca राज"व क" ओर से /Revenue By : Shri Asim Kumar Chakraborthy, Ld Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 1 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 1 /12/2025 आदेश / O R D E R Per Bench : These Are Appeals Filed By The Assessee Against The Order Dated 25.2.2025 Passed By Ld Pcit, Sambalpur U/S.263 Of The Act For The Assessment Year 2007-08 To 2009-2010. 2. Shri M.R.Sahu, Ld Ar Ld Ar Appeared For The Assessee & Shri Asim Kumar Chakraborty, Ld Cit Dr Appeared For The Revenue. 3. At The Outset, It Is Found That The Appeals Of The Assessee Is Barred By 3789 Days Stating The Reason That The Assessee Was Under The Belief That As There Was No Incriminating Material In The Case Of An Unabated/Completed Assessment, The Jurisdictional Issues Relating To Section 263 Order Can Be Raised

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri Asim Kumar Chakraborthy, ld CIT
Section 263

Deepak Steel & Company Ltd, Barbil vs. DCIT-Circle Rourkela, Rourkela.

In the result, appeals of the assessee stand dismissed

ITA 552/CTK/2025[2008-09]Status: DisposedITAT Cuttack01 Dec 2025AY 2008-09

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita Nos.551 To 553/Ctk/2025 ("नधा"रण वष" / Assessment Years : 2007-08, 2008-09 & 2009-10) M/S. Deepak Steel & Power Ltd., Vs Acit, Circle-1, Sambalpur Ispat Bhawan, Station Road,Po: Barbil, Dist: Keonjhar Pan No. : Aabcd 8224 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri M.R.Sahu, Ca राज"व क" ओर से /Revenue By : Shri Asim Kumar Chakraborthy, Ld Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 1 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 1 /12/2025 आदेश / O R D E R Per Bench : These Are Appeals Filed By The Assessee Against The Order Dated 25.2.2025 Passed By Ld Pcit, Sambalpur U/S.263 Of The Act For The Assessment Year 2007-08 To 2009-2010. 2. Shri M.R.Sahu, Ld Ar Ld Ar Appeared For The Assessee & Shri Asim Kumar Chakraborty, Ld Cit Dr Appeared For The Revenue. 3. At The Outset, It Is Found That The Appeals Of The Assessee Is Barred By 3789 Days Stating The Reason That The Assessee Was Under The Belief That As There Was No Incriminating Material In The Case Of An Unabated/Completed Assessment, The Jurisdictional Issues Relating To Section 263 Order Can Be Raised

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri Asim Kumar Chakraborthy, ld CIT
Section 263

Deepak Steel & Power Limited, Rourkela vs. Assistant Commissioner of Income Tax, Circle1(1), Sambalpur

In the result, appeals of the assessee stand dismissed

ITA 551/CTK/2025[2007-08]Status: DisposedITAT Cuttack01 Dec 2025AY 2007-08

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita Nos.551 To 553/Ctk/2025 ("नधा"रण वष" / Assessment Years : 2007-08, 2008-09 & 2009-10) M/S. Deepak Steel & Power Ltd., Vs Acit, Circle-1, Sambalpur Ispat Bhawan, Station Road,Po: Barbil, Dist: Keonjhar Pan No. : Aabcd 8224 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri M.R.Sahu, Ca राज"व क" ओर से /Revenue By : Shri Asim Kumar Chakraborthy, Ld Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 1 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 1 /12/2025 आदेश / O R D E R Per Bench : These Are Appeals Filed By The Assessee Against The Order Dated 25.2.2025 Passed By Ld Pcit, Sambalpur U/S.263 Of The Act For The Assessment Year 2007-08 To 2009-2010. 2. Shri M.R.Sahu, Ld Ar Ld Ar Appeared For The Assessee & Shri Asim Kumar Chakraborty, Ld Cit Dr Appeared For The Revenue. 3. At The Outset, It Is Found That The Appeals Of The Assessee Is Barred By 3789 Days Stating The Reason That The Assessee Was Under The Belief That As There Was No Incriminating Material In The Case Of An Unabated/Completed Assessment, The Jurisdictional Issues Relating To Section 263 Order Can Be Raised

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri Asim Kumar Chakraborthy, ld CIT
Section 263

M/S. Bhagaban Mohapatra Constructions & Engineers Private Limited.D., Jagatsinghpur vs. The Assistant Commissioner of Income Tax, Circle-1(1), Cuttack

Appeal of the assessee is dismissed as infructuous

ITA 448/CTK/2025[2012-13]Status: DisposedITAT Cuttack01 Dec 2025AY 2012-13

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.448/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2012-2013) M/S Bhagban Mohapatra Vs Acit, Circle-1(1), Cuttack Constructions & Engineers Pvt Ltd, At-Hig-27, Gourav Vihar, Po : Paradeep, So-Bagadia, Dist : Jagatsinghpur-754142 Pan No. : Aabcb 6339 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Mohit Sheth, Ar राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 03/12/2025 घोषणा की तारीख/Date Of Pronouncement : 03/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Addl/Jcit(A)-6, Kolkata, Dated 25.06.2025, Passed In Appeal No.Cit(A), Cuttack/10089/2015-16 (Manual Appeal Register Number : 0598/2014-15) For The Assessment Year 2012-2013. 2. It Was Submitted By The Ld.Ar That The Original Assessment Was Came To Be Passed U/S.143(3) Of The Act On 17.02.2015. It Was The Submission That Subsequently The Order U/S.263 Of The Act Has Been Passed On 23.03.2017, Wherein In The Last Paragraph The Ld. Pr.Cit Has Held As Follows :- “In View Of The Above, The Assessment Order In Question Is Hereby Set Aside To The Ao For Adjudication Of The Issues Afresh To That Extent & Reframe The Assessment After Proper Appreciation Of Facts & Application Of Law & As Per The Observation & Direction Given Above. Needless To Say While Reframing The Assessment Order, The Ao Should Provide Adequate Opportunity To The Assessee.”

For Appellant: Shri Mohit Sheth, ARFor Respondent: Shri Vijay Singh, Sr. DR
Section 143(3)Section 263

T R Chemicals Limited, Odisha vs. PCIT Sambalpur, Odisha

In the result, appeal of the assessee is allowed

ITA 219/CTK/2025[2018-19]Status: DisposedITAT Cuttack01 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.219/Ctk/2025 (िनधा"रण वष" / Assessment Year : 2018-2019) T R Chemicals Limited, Vs Pr.Cit, Sambalpur Main Road, Subash Chowk, Rajgangpur, Odisha-770017 Pan No. :Aabct 1919 M (अपीलाथ" /Appellant) .. (""थ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri K.K.Bajoria & Shri Yogesh Banka, Ars राज" की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/12/2025 घोषणा की तारीख/Date Of Pronouncement : 01/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Pr.Cit, Sambalpur, Dated 15.01.2025 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld. Ar That The Return Filed By The Assessee Came To Be Processed & The Assessment Came To Be Completed U/S.147 Of The Act Wherein The Purchases From M/S Mideast Integrated Steel Ltd. Were Disallowed By Invoking The Provisions Of Section 37(1) Of The Act. It Was The Submission That The Ld. Pr.Cit Invoked His Power U/S.263 Of The Act On The Ground That The Disallowances Made By The Ao U/S.37(1) Of The Act Instead Of Section 69C Of The Act, Is Erroneous & Prejudicial To The Interest Of Revenue. It Was Submitted That The Issue Is Now Squarely Covered By The Decision Of The Coordinate Bench Of The Tribunal In The Case Of Bajrang Steel & Alloys (P) Ltd., Passed In Ita No.553/Ctk/2024, Order Dated

For Appellant: Shri K.K.Bajoria & Shri Yogesh Banka, ARsFor Respondent: Shri Vijay Singh, Sr. DR
Section 147Section 263Section 37(1)Section 69C