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

Ramlal Bisram Katre, Nagpur vs. ACIT Central Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 371/NAG/2017[2009-2010]Status: DisposedITAT Nagpur22 Nov 2017AY 2009-2010

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

Ramlal Bisram Katre, Nagpur vs. ACIT Central Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 370/NAG/2017[2008-2009]Status: DisposedITAT Nagpur22 Nov 2017AY 2008-2009

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

Ramlal Bisram Katre, Nagpur vs. ACIT Central Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 369/NAG/2017[2007-2008]Status: DisposedITAT Nagpur22 Nov 2017AY 2007-2008

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

Ramlal Bisram Katre, Nagpur vs. ACIT Central Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 368/NAG/2017[2006-2007]Status: DisposedITAT Nagpur22 Nov 2017AY 2006-2007

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

Ramlal Bisram Katre, Nagpur vs. ACIT Central Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 367/NAG/2017[2005-2006]Status: DisposedITAT Nagpur22 Nov 2017AY 2005-2006

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

Ramlal Bisaram Katre, Nagpur vs. The ACIT, Centeral Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 366/NAG/2017[2004-2005]Status: DisposedITAT Nagpur22 Nov 2017AY 2004-2005

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

Ramlal Bisaram Katre, Nagpur vs. The ACIT, Centeral Circle-2(1), Nagpur

In the result; the appeal of the a89e89ee is allowed for statistical purposes ITA No

ITA 365/NAG/2017[2003-2004]Status: DisposedITAT Nagpur22 Nov 2017AY 2003-2004

Bench: Shri P K Bansal & Shri Pawan 8Inghita Nos.365 To 371/Nag/2017 (Assessmcnt Years: 2003-04 To 2009-10) Shri Ramlal Bigram Katre Acit, Central Circle 2(1) Plot No. 474, Sonbaji Nagar Vs , Nagpur Nagpur 440008 Pan Agwpk9297M Appellant Respondent Appellant By: Shri Manoj G. Moryani Respondent By: Bhri Gitesh Kumat Date Of Hearing: 21.11.2017 Date Of Pronouncement: 22,11,2017 Order Per Bench This Group Of Seven Appeals Under Section 253 Of The Income Tax Act The Abge3See Are Directed Against The Order Of The Cit(A)-4, Nagpur Led 31.01.2017 For Assessment Years 2003-04 To 200G-10_ Pppel 2 4 Zv*Wu The Assessee Has Raised Identical Grounds Of Appeal Except Variation Of Figures Therefore All Appeals Were Clubbed; Heard Together Nd Are Decided By This Common Order For Appreciation Of Facts Wc Afe Referting The Grounds Of @Ppea} Lot A.. '2003-04, The Assessce Has Raised The Following Grounds Of Appeal: 7 Tthe Ordler' Passed By Leamed Commissioner Of Irtcome Tcx (Appeals}-4, Nogpur U/ $ 1534 Rws 14303) Is Illegol, Inlunlic & Bad Int [Cll 2 The Leared Cornmissioner Of Income Tox (Appeals)-4 Erred Int Confirming The Addition Made By The Assessing Officer & Not Accepting Regular Books Of Accounts Preparedd Ort Ihe Bnsis %F Data Prepared By The Department Rmc Rejected The Sume Ancl Made Addition Of Rs, 16,06,037/ - The Snle Is Unijustified, Utwarranted & Excessive

For Appellant: Shri Manoj G. MoryaniFor Respondent: Bhri Gitesh Kumat
Section 153Section 253

The Nandura Urban Co-Op Bank Ltd., Buldhana vs. C.I.T-1, Nagpur

In the result; the appeal (iled by the assesgee i8 dismissed: Order pronounced in the open court on 20th November, 2017, Sd/ - Sd}- (PK: Bansal) (Pawan Singh) Vice President Judicial Member Nopur

ITA 154/NAG/2015[2010-11]Status: DisposedITAT Nagpur20 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singhita No.Ls4Nag/2015 (Assessment Year: 2010-11) The Nandura Urban Co- Commissioner Of Incomc Tax-] Op. Bank Ltd, Aayakar Bhavan Kalpataru'_ Station Road Vs . Civil Lines, Nagpur Nandura Dist Buldhana 443404 Pan Aaaat3041F Appellant Respondent Appellant By: Shri J.M, Ranade Respondent By: Shri Geetesh Kumar Appe,; 3 Date Of Hearing: 20.11.2017 Date Of Pronouncement: 20,11,2017 0 Rd Er Per Pawan Bingh, Jm This Appeal Under Section 253 Of The Income Tax Act By The Assessee Is Directcd Against The Order Ol The Principal Commissioner Of Income Tax- 1, Nagpur Dated 26.03.2015 For A.Y. 2010-11, 2 Assessee Has Raised The Following Grounds Of Appeal: ~1 , The Leamed Cit-[ Nagpur Erred In Passing Order U/S 263 %F The Act Dated 26.02.2014 Without Giving Any Opportunity Of Being Heard To The Assessee: 2 The Learned Cit [ Nagpur Erred In Confirming The Order Of The Ao Denying Deduction Of Rs.1,29,23,500 On The Ground That The Bank Has Made Provision For Bad & Doubtful Debts Which Should Be Restricted To 7.59 Of Profits Or I%K Of Rural Advances U/ $ 36 (1} (Viia} Of The Act; 3 The Leared Cit Fuiled To Appreciate That Your Assessee Is @ Co- Operative Bank Govemed By Rbi Regulations; & During The Year, Bank Hos Made Provision For Bad Doubtful Debts For Rs. 1,29,23,500 A5 Per Rbi Guidelines Also Section 361Jviia} Was Not

For Appellant: Shri J.M, RanadeFor Respondent: Shri Geetesh Kumar APPE,; 3
Section 253Section 263Section 264Section 361JSection 4