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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)

Fakhri Co-Operative Housing Society Ltd.Ustee Company Ltd As Trustee for Fccb Issued by Jindal Saw Ltd., Mumbai vs. CIT (A), Delhi

In the result, appeal filed by the Appellant stands allowed for statistical purposes

ITA 785/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 May 2023AY 2013-14

Bench: Shri Narender Kumar Choudhryfakhri Co-Operative Versus Commissioner Of Housing Society Ltd. Income Tax 422, Matharpakhadi Road, (Appeals) Mazgaon, Nfac, Delhi. Maharashtra-400010. Pan: Aaaaf1078N Appellant Respondent Appellant/Assessee By : Sh. Murtaza Quresh Ghandiali & Ms. Sabeena Darukhanawal, Ar Respondent/Department By : Ms. Mini Vinod, Dr Date Of Hearing : 29/05/2023 Date Of Pronouncement : 29/05/2023 Order Narender Kumar Choudhry, J.M: This Assessee/Appellant Herein Has Preferred This Appeal Against The Order Dated 12.01.2023 Impugned Herein Passed By Ld. Commissioner Of Income Tax (Appeals) / Nfac, Delhi {In Short ‘Ld. Commissioner’} U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For Ay 2013-14. Fakhri Co-Operative Housing Society Ltd. 2. In This Case, The Appellant Earned Interest From Co- Operative & Other Banks & Therefore, Filed Its Return Of Income For The Ay 2013-14 On 22.08.2013 Which Was Processed By Cpc & Vide Intimation Dated 12.11.2014 Under Section 143(1) Of The Act, The Amounts Of Rs. 2,08,071/- & Rs. 50,000/- Have Not Been Considered Under Section 80P(2)(C)(Ii) & Consequently Disallowed.

For Appellant: Sh. Murtaza QureshFor Respondent: Ms. Mini Vinod, DR
Section 143(1)Section 154Section 249Section 249(2)Section 249(3)Section 250Section 80P(2)(c)

clear that the statutory right to appeal which was vested with the appellant was not exercised within the stipulated time under section 249(2). Thus, there is a case of delay due to deliberate inaction on the part of the appellant. As no sufficient cause has been shown under section ... 249(3) of the Act for the appellants failure to file the appeal within the prescribed period of limitation under section 249(2) of the Act r.w.s 5 of the Limitation Act and hence, the delay of 2414 days in filing of the appeal is not condoned and appeal sought