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

Kolon Investment P.Ltd, Mumbai vs. CIT 8, Mumbai

In the result, the assessee’s appeal is dismissed

ITA 2870/MUM/2014[2009-10]Status: DisposedITAT Mumbai23 Aug 2016AY 2009-10

Bench: Shri Sanjay Arora, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No. 2870/Mum/2014 ("नधा"रण वष" / Assessment Year: 2009-10) Kolon Investment Pvt. Ltd. Cit-8, बनाम/ 417-419, 4Th Floor, Room No. 259, Aayakar Bhavan, M. V. Road, Andheri (E), M. K. Road, Mumbai-400 020 Vs. Mumbai-400 059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaack 9118 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Girish Dave & Ms. Kadambari Dave ""यथ" क" ओर से/Respondent By : Shri H. N. Singh सुनवाई क" तार"ख / : 16.5.2016 Date Of Hearing घोषणा क" तार"ख / : 23.8.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: The Instant Appeal By The Assessee Agitates The Revision U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) Dated 31.3.2014 By The Commissioner Of Income Tax-8, Mumbai (‘Cit’ For Short) Qua Its Assessment U/S. 143(3) Dated 01.12.2011 For The Assessment Year (A.Y.) 2009-10. 2. The Basis Of The Revision In The Present Case Is The Acceptance By The Assessing Officer (A.O.) Of The Assessee’S Claim For Short Term Capital Gain (Stcg) On The Non- Exercise Of The Option To Subscribe To The (Equity) Share Capital In Sintex Industries

For Appellant: Shri Girish Dave &For Respondent: Shri H. N. Singh
Section 143(3)Section 2(47)Section 263

Sh. Ranjeet Singh Khurana, New Delhi vs. CIT, New Delhi

The appeal is allowed

ITA 2628/DEL/2011[2007-08]Status: DisposedITAT Delhi16 Aug 2016AY 2007-08

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2007-08 Ranjeet Singh Khurana, Vs. Cit, C/O. Rattan Lal & Associates, Ca, Delhi-Xv, 109-Wing-1, Hans Bhawan, New Delhi. 1-Bahadur Shah Zafar Marg, New Delhi. (Pan: Aghpk6075E) (Appellant) (Respondent) Assessee By: Shri Kapil Goel, Adv. Department By: Shri N.C. Swain, Cit(Dr) Date Of Hearing : 14 .07.2016 Date Of Pronouncement: 16:08.2016 Order Per I.C. Sudhir:The Assessee Has Questioned Revisional Order Passed By Learned Cit On The Following Grounds: 1. That The Learned Cit-Xv, New Delhi Has Erred In Law & Facts Of The Case In Passing The Order Dated 03.03.2011 Under Sec. 263 Of The Income-Tax Act, 1961. The Order Of Assessment Made Under Sec. 143(3) Dated 16.10.2008 At Income Of Rs.1,17,391 Was Not Erroneous Order, Therefore, The Action Of The Learned Cit-Xv, New Delhi Under Sec. 263 Is Uncalled For & The Order Passed U/S. 263 Deserved To Be Cancelled. 2. That The Learned Cit-Xv, New Delhi Has Wrongly & Illegally Directed The Assessing Officer To Make Addition Of Rs.5,00,000 In 2 The Income Of The Assessee By Not Allowing Exemption Of Rs.5,00,000 Under Sec. 10(10C) Of The Income-Tax Act, 1961 Which Was Righty Allowed By The Assessing Officer In His Order Dated 16.10.2008 Passed Under Sec. 143(3) Of The Income-Tax Act, 1961. 2. Heard & Considered The Arguments Advanced By The Parties In View Of Orders Of The Authorities Below, Material Available On Record & The Decisions Relied Upon.

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri N.C. Swain, CIT(DR)
Section 10Section 143(3)Section 263

Prince Multiplast P.Ltd, Mumbai vs. CIT-7, Mumbai

In the result, the appeal of the assessee is dismissed as not pressed

ITA 2239/MUM/2015[2010-11]Status: DisposedITAT Mumbai11 Aug 2016AY 2010-11

Bench: Sri Mahavir Singh & Sri Manoj Kumar Aggarwalm/S. Prince Multiplast Pvt. Ltd., Vs. Commissioner Of Income Tax-7, 21, 2Nd Floor, Kalpataru Point, Room Nno.501, 6Th Floor, Aayakar Kamani Marg, Sion (East), Bhavan, M. K. Road, Mumbai 400 022 Mumbai 400020 Pan:Aaacp 9016B Appellant .. Respondent .. Appellant By Ms. Mrugakshi K. Joshi, Ar Respondent By .. Shri Alok Jain, Cit Dr Date Of Hearing .. 11-08-16 Date Of Pronouncement .. 11-08-16 O R D E R Per Mahavir Singh, Jm: This Appeal By The Assessee Is Arising Out Of The Order Of The Principal Cit- 7, Mumbai In Appeal No.Pr.Cit-7/263/2014-15 Dated 17-03-2015 Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter “The Act”). Assessment Was Framed By The Dcit, Circle-7 (1), Mumbai Vide His Order Dated 31-12-2012 For Assessment Year 2010-11 U/S 143 (3) Of The Act. 2. At The Outset, The Learned Counsel For The Assessee Made A Statement At The Bar That She Has Instruction From The Assessee Not To Press This Appeal For The Reason That Substantial Relief Has Been Granted By The Ao While Framing Assessment In Consequence To Revision Order Passed By The Principal Cit U/S 263 Of The Act. Balance Additions Sustained By The Ao Are Being Contested Before The Cit (A). She Stated That The Assessee Is Not Interested In Pursuing The Appeal.

Section 143Section 263