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“Section 249(2)”

Section References (mined)Section 249Section 249(2)529 judgments

The decision most relied on for Section 249(2) is Vishin Meghani v. DCIT & Anr (398 ITR 250), cited in 291 judgments on BharatTax.

Leading authorities on Section 249(2)

Vishin Meghani v. DCIT & Anr
398 ITR 250 · 2017 · High Court
291
citing judgments

This case is cited as an authority supporting the condonation of delay in filing income tax appeals, particularly when an assessee presents a request for such condonation.

Land Acquisition, Anantnag and Anr. v. Ms Katiji and Others
167 ITR 5 · 1987 · Supreme Court
164
citing judgments

The principle of 'sufficient cause' for condonation of delay in filing appeals requires a liberal interpretation to ensure substantial justice, but delay will not be condoned if sufficient cause is not satisfactorily explained by the appellant.

National Textiles v. CIT
249 ITR 125 · 2001 · High Court
134
citing judgments

The levy of penalty under Section 271(1)(c) requires material evidence that the assessed amount does not represent the assessee's income and proof of conscious concealment or furnishing inaccurate particulars. A penalty cannot be sustained merely because income is assessed on an estimation basis without positive evidence of concealment.

Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications
323 ITR 249 · 2010 · High Court
128
citing judgments

Reassessment proceedings are invalid if the Assessing Officer fails to issue a mandatory notice under Section 143(2) of the Income-tax Act after the assessee files a return in response to a Section 148 notice and scrutinizes that return.

State Lotteries & Ors. (2001) 249 ITR 186 and Ahmedabad Stamp Vendors Association v. Union of India
257 ITR 202 · 2002 · High Court
121
citing judgments

Supplementary commission forional or extra services does not fall within the ambit of Section 194H of the Income Tax Act, 1961. This may affect the applicability of certificates issued under Section 197.

Jt. CIT v. Tractors and Farm Equipments Ltd.
104 ITD 149 · 2007 · ITAT
118
citing judgments

A delay in filing an appeal cannot be condoned if it is attributable to the assessee's negligence or inaction, such as misplacing and forgetting the Commissioner (Appeals)'s order. The provisions relating to limitation apply with rigour, and a lack of due care and attention is not a sufficient reason for condonation.

CIT v. Veekay Lal Investments Co. Pvt. Ltd.
249 ITR 597 · 2001 · High Court
99
citing judgments

Book profits under Section 115JB must include income by way of capital gains, similar to how total income is calculated under Section 45.

CIT v. Shambhu Investment Pvt. Ltd.
249 ITR 47 · 2001 · High Court
57
citing judgments

Income from letting out immovable property, even with ancillary services, is taxable as 'Income from House Property' if the dominant intention is to exploit the property itself, not to run a complex business providing integrated services. The classification depends on the assessee's primary object in exploiting the property.

Judgments citing Section 249(2)

Vishnu Shekuji Gajare, Aurangabad vs. ITO Ward 1(5), Aurangabad

In the result, appeal of the assessee is allowed for statistical purpose

ITA 706/PUN/2025[2012-13]Status: DisposedITAT Pune22 May 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.706/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Vishnu Shekuji Gajare, V The Income Tax Officer, Chikalthana, Jalna Road, S. Ward-1(5), Aurangabad. Aurangabad, Chikalthana I A, Chikalthana Industrial Area S.O, Maharashtra – 431006. Pan: Azppg9504M Appellant/ Assessee Respondent / Revenue Assessee By Shri Sarang Gudhate – Ar Revenue By Shri Manish Mehta – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 22/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 28.01.2025 For The A.Y.2012-13. The Assessee Has Raised The Following Grounds Of Appeal : “1. Under The Facts & Circumstances Of The Case & In Law, Ld.

Section 144Section 148Section 250Section 288Section 69A

would have rendered it impossible for him to file the appeal within the stipulated timeframe as mandated under Section 249(3) read with Section 249(2)(c) of the Act. Therefore, after careful consideration, I hereby reject the condonation of delay for filing the appeal. It is held that