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

ACIT, Sambalpur vs. M/S Mahanadi Coalfields Ltd, Sambalpur

In the result, the appeal is allowed

ITA 396/CTK/2013[2008-09]Status: DisposedITAT Cuttack09 Oct 2017AY 2008-09

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.396/Ctk/2013 (धनधाारण वषा / Assessment Year :2008-2009) Acit, Circle-2(1), Sambalpur Vs. M/S Mahanadi Coalfields Ltd., Jagriti Vihar, Burla, Sambalpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aabcm 5188 P (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr निर्ााररती की ओर से /Assessee By : Shri S.S.Poddar/N.Kedia, Ar सुनवाई की तारीख / Date Of Hearing : 04/10/2017 घोषणा की तारीख/Date Of Pronouncement 09/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed An Appeal Against The Order Of Cit(A), Cuttack, In Appeal No.0403/2012-13, Dated 23.05.2013, Passed U/S.147/143(3)/250 Of The Income Tax Act, 1961 For The Assessment Year 2008-2009, Wherein The Revenue Has Raised The Following Grounds :- 1. Whether The Learned First Appellate Authority Was Justified In Relying On Writ Cases Ignoring The Fact That Specific Findings In Writ-Petitions Can Not Be Straightaway Applied To Other Cases. 2. Whether The Learned Appellate Authority Was Justified To Hold That There Is Change In Opinion Of The Assessing Officer Regarding Admissibility / Inadmissibility Of Expenditure While Proceeding U/S.147 Of The 1.T. Act,1961 As Compared To His Findings In The Original Assessment Order. 3. Whether The Ld. First Appellate Authority Was Justified To Delete The Disallowance Of Rs.696.10 Lakhs Made By The Assessing Officer Towards 'Prior Period Expenses', Totally Ignoring The Findings Of The Assessing Officer. 4. Whether The Learned First Appellate Authority Was Justified To Delete The Disallowance Of Rs.631.34 Lakhs Made By The Assessing Officer Towards `Unpaid Statutory Liability' Under Section 43B Of The I.T. Act,1961, Totally Ignoring The Findings Of The Assessing Officer.

For Appellant: Shri S.S.Poddar/N.Kedia, ARFor Respondent: Shri Kunal Singh, CITDR
Section 147Section 148Section 40Section 43B

Ghalot Construction, Navi Mumbai vs. Pr CIT 28, Navi Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 3576/MUM/2017[2014-15]Status: DisposedITAT Mumbai05 Oct 2017AY 2014-15

Bench: Shri Shamim Yahya, A.M. & Shri Saktijit Dey, Jm आयकर अपील सं./I.T.A. No. 3576/Mum/2017 ("नधा"रण वष" / Assessment Year: 2014-15) Pr. Cit-28, 3Rd Floor, Gahlot Construction 6Th Tower, Vashi Railways Station G-Square Business Park, बनाम/ Plot No. 25/26, Sector-30, Complex, Vashi, Vs. Vashi, Navi Mumbai, Navi Mumbai-400 703 Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaofm 5698 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Vimal Punmiya, Shri Bharatkumar Darshan B. Gandhi ""यथ" क" ओर से/Respondent By : Shri Abhijit Patankar सुनवाई क" तार"ख / : 24.08.2017 Date Of Hearing घोषणा क" तार"ख / : 05.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Is An Appeal By The Assessee Directed Against The Order Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) By The Commissioner Of Income Tax-28, Mumbai (‘Cit’ For Short) Dated 30.03.2017 & Pertains To The Assessment Year (A.Y.) 2014-15. The Ground Of Appeal Read As Under: 1. The Ld. Cit Erred In Passing The Order Under Section 263 Of The Act, Inspite Of The Fact That The Assessment Order Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Abhijit Patankar
Section 194Section 194ISection 263

Ghalot Construction, Navi Mumbai vs. Pr CIT 28, Navi Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 3575/MUM/2017[2013-14]Status: DisposedITAT Mumbai05 Oct 2017AY 2013-14

Bench: Shri Shamim Yahya, A.M. & Shri Saktijit Dey, Jm आयकर अपील सं./I.T.A. No. 3575/Mum/2017 ("नधा"रण वष" / Assessment Year: 2013-14) Pr. Cit-28, 3Rd Floor, Gahlot Construction 6Th Tower, Vashi Railways Station G-Square Business Park, बनाम/ Plot No. 25/26, Sector-30, Complex, Vashi, Vs. Vashi, Navi Mumbai, Navi Mumbai-400 703 Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaofm 5698 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Vimal Punmiya, Shri Bharatkumar Darshan B. Gandhi ""यथ" क" ओर से/Respondent By : Shri Abhijit Patankar सुनवाई क" तार"ख / : 24.08.2017 Date Of Hearing घोषणा क" तार"ख / : 05.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Is An Appeal By The Assessee Directed Against The Order Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) By The Commissioner Of Income Tax-28, Mumbai (‘Cit’ For Short) Dated 30.03.2017 & Pertains To The Assessment Year (A.Y.) 2013-14. The Ground Of Appeal Read As Under: 1. The Ld. Cit Erred In Passing The Order Under Section 263 Of The Act, Inspite Of The Fact That The Assessment Order Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue. 2. The Ld. Cit Erred In Ignoring All The Relevant Facts & Legal Precedents Cited By The Appellant In Support Of Its Claim That In The Facts & Circumstances

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Abhijit Patankar
Section 194ISection 263

Ghalot Construction, Navi Mumbai vs. Pr CIT 28, Navi Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 3574/MUM/2017[2012-13]Status: DisposedITAT Mumbai05 Oct 2017AY 2012-13

Bench: Shri Shamim Yahya, A.M. & Shri Saktijit Dey, Jm आयकर अपील सं./I.T.A. No. 3574/Mum/2017 ("नधा"रण वष" / Assessment Year: 2012-13) Pr. Cit-28, 3Rd Floor, Gahlot Construction 6Th Tower, Vashi Railways Station G-Square Business Park, बनाम/ Plot No. 25/26, Sector-30, Complex, Vashi, Vs. Vashi, Navi Mumbai, Navi Mumbai-400 703 Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaofm 5698 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Vimal Punmiya Shri Bharatkumar Darshan B. Gandhi ""यथ" क" ओर से/Respondent By : Shri Abhijit Patankar सुनवाई क" तार"ख / : 24.08.2017 Date Of Hearing घोषणा क" तार"ख / : 05.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Is An Appeal By The Assessee Directed Against The Order Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) By The Commissioner Of Income Tax -28, Mumbai (‘Cit’ For Short) Dated 30.03.2017 & Pertains To The Assessment Year (A.Y.) 2008-09. The Ground Of Appeal Read As Under: 1. The Ld. Cit Erred In Passing The Order Under Section 263 Of The Act, Inspite Of The Fact That The Assessment Order Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Abhijit Patankar
Section 194ISection 263