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

Namita V Samant, Mumbai vs. CIT City II, Mumbai

In the result, the assessee’s appeal is dismissed

ITA 1065/MUM/2016[2011-12]Status: DisposedITAT Mumbai18 Jul 2016AY 2011-12

Bench: Shri Sanjay Arora, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No. 1065/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) Namita V. Samant, Cit, City-11/Acit-11(3)(2), बनाम/ 405, Raheja Crest Building No.1, Mumbai Off Link Road, Oshiwara, Vs. Andheri(W), Mumbai-400 053 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aazps 4624 B (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri N. R. Agarwal ""यथ" क" ओर से/Respondent By : Shri Ashok Jha सुनवाई क" तार"ख / : 21.4.2016 Date Of Hearing घोषणा क" तार"ख / : 18.7.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order Under Section 263 Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) By The Commissioner Of Income Tax-11, Mumbai (‘Cit’ For Short) Dated 23.2.2016 Setting Aside Her Assessment For The Assessment Year (A.Y.) 2011-12 Vide Order Dated 14.2.2014. 2. The Facts Of The Case Are That The Assessee, An Individual & Her Husband, Shri Vivek V. Samant (Vvs), Both Individually Hold Substantial Voting Power (I.E., In Excess Of 10%) During The Relevant Year In Three Companies In Which Public Is Not Substantially Interested, I.E., Ybpl, Ycpl & Yiepl, As Under:

For Appellant: Shri N. R. AgarwalFor Respondent: Shri Ashok Jha
Section 2(22)(e)Section 263

Sri Manab Kejriwal, Kolkata vs. ITO, WD-49(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 698/KOL/2014[2009-2010]Status: DisposedITAT Kolkata15 Jul 2016AY 2009-2010

Bench: Shri Waseem Ahmed, Am & Shri S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.698/Kol/2014 ("नधा"रण वष" / Assessment Year :2009-2010) Sri Manab Kejriwal, Block-9, Flat Vs. Income Tax Officer, No.5H, 5Th Floor, Space Town Ward-49(2), Kolkata Housing Complex, V.I.P. Road, Kolkata-170052 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Awjpk 1519 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S.M.Surana राज"व क" ओर से /Revenue By : Shri S. Srivastava सुनवाई क" तार"ख / Date Of Hearing : 06/06/2016 घोषणा क" तार"ख/Date Of Pronouncement 15/07/2016 आदेश / O R D E R Per Waseem Ahmed (A.M.): The Assessee Has Preferred This Appeal Against The Order Vide Memo No. Cit-Xvii/U/S263/2012-13/1154-1157 Dated 26-2-2014, Passed By Ld. Commissioner Of Income Tax-Xvii, (Cit For Short) Kolkata, Relating To Assessment Year 2009-2010, On The Following Grounds :- 1. For That The Order Of The Ld. Cit (A) Is Arbitrary, Illegal & Bad In Law. 2. For That The Ld. C.I.T Erred In Passing The Order U/ S. 263 When The Assessee Did Not File Any Return Of Income For The Year Under Consideration, The Issue Was Not Examined By The Ao , The Assessment Was Completed Which Itself Was Bad In Law & Therefore The Entire Proceedings U/S. 263 Are Also Void-Ab Initio. 3. For That The Ld. C.I.T Erred In Exercising Jurisdiction U/S. 263 When All The Issues Raised In The Show Cause Notice Had Been Considered & Categorically Spelt Out By The Ao In His Order Passed U/S. 144, Duly Examined By Him Since The Assessment Itself Was Taken Up For Scrutiny Only On The Basis Of The Air Information In Respect Of The Impugned Amounts. 4. For That The Ld. Cit Himself Should Have Decided The Issue, Call For The Records & Examined The Same When The Specific Issue Was Taken Up Before The Ld. Cit That The Appellant Did Not File Any Return.

For Appellant: Shri S.M.SuranaFor Respondent: Shri S. Srivastava
Section 139(1)Section 140Section 144Section 263