Revision of Orders under Sections 377 and 378 of the Income-tax Act, 2025

Under Section 377 of the Income-tax Act, 2025, the Principal Commissioner or Commissioner can revise an order that is erroneous and prejudicial to the interests of revenue. Section 378 lets a taxpayer apply for revision of an order. They replace Sections 263 and 264 of the 1961 Act.

Income Tax, Income-tax Act 2025, across India

Income-tax Act, 2025

This page is for notices and orders under the Income-tax Act, 2025. If yours names the Income-tax Act, 1961, see Revision u/s 263 / 264 (1961 Act). Not sure which Act applies? The heading of the notice names it, or call us.

Overview

Section 377 works against the taxpayer: the Commissioner can set aside or modify an assessment, after giving an opportunity of being heard. Section 378 works for the taxpayer: it is an alternative to appeal, useful where an order is plainly against you and an appeal is not filed.

When this applies

  • Commissioner believes an issue was not examined in the assessment (Section 377)
  • Commissioner believes a claim was wrongly allowed (Section 377)
  • Taxpayer seeks relief against an order without appealing (Section 378)
  • Mistakes in claims that could not be corrected by rectification (Section 378)

Time limit

Both sections set time limits for passing the order or making the application. Under the 1961 Act these were two years for Section 263 and one year for a Section 264 application. We check the limit for each order.

Documents needed

  • The order under revision
  • The show cause notice under Section 377, or your application under Section 378
  • Assessment records showing the issue was examined
  • Evidence supporting the claim

How we handle it

  1. Reply to the show cause notice showing that the order was neither erroneous nor prejudicial
  2. Show that the issue was examined and a possible view was taken
  3. For Section 378, draft the application with grounds and evidence
  4. Appeal against a Section 377 order before the Tribunal under Section 362

Points to note

  • An order taking one of two possible views is generally not erroneous
  • A Section 378 application is not available where an appeal has been filed on the same issue
  • For orders under the 1961 Act, Sections 263 and 264 apply

What usually comes next

Frequently asked questions

Can I appeal against a Section 377 order?

Yes, before the Income Tax Appellate Tribunal under Section 362.

Should I choose revision under Section 378 or an appeal?

An appeal is usually preferred where facts are disputed. Section 378 can be quicker where the error is clear.

Official sources

Received a notice or an order?

Call us to talk it through. Keep the notice and its response date handy.

Related services

← All Appeals and Remedies under the Income-tax Act, 2025