← All Phrases

“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)

Rajendra Agrawal, Biroli Bazar vs. ITO Ward 3(1) Purnea, Purnia

The appeal of the assessee is allowed for statistical purposes

ITA 422/PAT/2024[2011-12]Status: DisposedITAT Patna30 Jan 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.422/Pat/2024 Assessment Year: 2011-12 Rajendra Agrawal.……………….....…..…………………....Appellant New Sipahi Tola, Maranga Road, Bihar – 85301. [Pan: Aqhpa2439E] Vs. Ito, Ward-3(1), Purnia....….…….…............................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 27, 2025 Date Of Pronouncing The Order : January 30, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 18 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause Which Was Beyond The Control Of The Assessee & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Care Are That The Assessee Is An Individual & Is Engaged In Farming Activities. The Case Of The Assessee Was Reopened

Section 133(6)Section 143(2)Section 143(3)Section 147Section 249(2)Section 249(2)(c)Section 250

order was served upon the assessee on 12.11.2018 and the appeal filed before him on 22.09.2019. He further noted that as per section 249(2)(c) of the Act, the appeal was required to file within 30 days and now the appeal contained a delay of about 180 days which

Akash Jain, Kolkata vs. I.T.O., Ward - 32(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2248/KOL/2024[2017-2018]Status: DisposedITAT Kolkata23 Jan 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.2248/Kol/2024 Assessment Year: 2017-18 Akash Jain………………………………..……………………….....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aoipj6380C] Vs. Ito, Ward-32(3), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Sanjay Paul, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 22, 2025 Date Of Pronouncing The Order : January 23, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.10.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Care Are That The Assessee Is An Individual & Did Not File Any Return Of Income U/S 139(1) Of The Act For The Assessment Year 2017-18. An Information Was Received That The Assessee Had Deposited An Amount Of Rs.89,50,000/- In His Bank Account During Demonetization Period. Thereafter, The Case Of Assessee Was Reopened U/S 147 Of The Act By Issuing Notice U/S 148 Of The Act Requesting Thereon To File Return. In Response To Notice U/S 148 Of The Act, The Assessee Submitted Return Declaring Total Income Of Rs.2,37,850/-. Subsequently, Notices U/S 143(2) & 142(1) Of The Act

Section 139(1)Section 143(2)Section 144Section 147Section 148Section 249(2)Section 250Section 250(6)Section 69A

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Rajesh