Section 263 revision requires both error and revenue prejudice; verified expenses and reconciled interest prevented revision.

Section 263 revision requires the assessment order to be both erroneous and prejudicial to the interests of the Revenue. On the advertisement expenses issue, the Tribunal noted that the assessment had examined the record, part of the expenditure related to printed material outside TDS requirements, and the remaining item was supported by evidence of tax payment by the recipient; revision was therefore not sustainable. On the fixed-deposit interest issue, the alleged understatement was reconciled by the assessee and not established on the material before the Tribunal; revision was again not sustainable. The revisionary order was set aside and the assessee's appeal was allowed.

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Issues: (i) Whether revision under section 263 of the Income-tax Act, 1961 was justified on the ground that advertisement expenses attracted tax deduction at source and were not properly verified in assessment; (ii) Whether revision under section 263 of the Income-tax Act, 1961 was justified on the ground that interest income from fixed deposits was understated.

Issue (i): Whether revision under section 263 of the Income-tax Act, 1961 was justified on the ground that advertisement expenses attracted tax deduction at source and were not properly verified in assessment.

Analysis: The assessment had been completed under section 143(3), and the disputed advertisement expenditure was examined from the record. A part of the expenditure related to purchase of printed material, which was found to be outside the tax deduction at source requirement. As regards the remaining expenditure, the question under section 263 was whether the assessment order was not only erroneous but also prejudicial to the interests of the Revenue. The record showed that the payer had produced a certificate evidencing tax payment by the recipient, and the Tribunal held that the statutory prejudice requirement was not satisfied.

Conclusion: The revision on this issue was not sustainable and the assessee succeeded.

Issue (ii): Whether revision under section 263 of the Income-tax Act, 1961 was justified on the ground that interest income from fixed deposits was understated.

Analysis: The apparent difference between the figures in the balance sheet and the profit and loss account was explained by reconciliation, including the position that part of the interest related to the earlier year. On the material placed before the Tribunal, the alleged understatement was not established as a basis for sustaining revision under section 263.

Conclusion: The revision on this issue was not sustainable and the assessee succeeded.

Final Conclusion: The revisionary order was set aside and the assessee's appeal was allowed.

Ratio Decidendi: For invoking section 263 of the Income-tax Act, 1961, the order of assessment must be both erroneous and prejudicial to the interests of the Revenue, and revision cannot be sustained where the disputed item is either adequately explained or does not result in demonstrable prejudice.

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