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Section 263: The Complete Professional Commentary

Section at a Glance

Parameter Position Under IT Act 1961
Power PCIT/CIT may revise orders prejudicial to Revenue
Twin conditions Order must be (i) erroneous AND (ii) prejudicial to interests of Revenue
Both conditions Must co-exist — satisfying one alone is insufficient
Limitation period 2 years from end of FY in which order was passed
Can PCIT introduce new issues in final order? No — only issues in SCN can be decided
Is AO’s plausible view protected? Yes — PCIT cannot substitute his view for AO’s view
Appeal against 263 order Direct appeal to ITAT under Section 253(1)(d)
IT Act 2025 equivalent Section 377
Key SC ruling Malabar Industrial Co. Ltd. vs. CIT (2000)
Latest ITAT trend Consistently quashing fishing-expedition revisions

What Section 263 Actually Confers

Section 263 gives the Principal Commissioner or Commissioner of Income Tax (PCIT/CIT) the power to call for and examine the record of any assessment proceeding. If the PCIT considers that the AO’s order is erroneous insofar as it is prejudicial to the interests of the Revenue, the PCIT may — after giving the assessee an opportunity of hearing — pass an order enhancing the assessment, modifying it, or cancelling and directing fresh assessment.

This power sounds sweeping. In practice, however, courts have confined it within strict constitutional and statutory limits. The twin conditions — erroneous AND prejudicial — are not mere formality. They are jurisdictional prerequisites. Without both, the PCIT acts without authority.

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