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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)

Mamta Pathak, Thane vs. ITO Ward 1(2) Thane, Thane

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3200/MUM/2025[2012-2013]Status: DisposedITAT Mumbai28 Oct 2025AY 2012-2013

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2012-13 Mamta Pathak, Ito, Ward-1(2), 404, 4Th Floor, 6Th Floor, Shivam Apt., Vs. Ashar It Park Mohanji Sunderji Rd No.9, Wagale Estate, Raghunath Nagar, Thane, Thane, Maharashtra-400604. Maharashtra-400604. Pan : Alcpp3684Q (Appellant) (Respondent) For Assessee : Shri Tanmay Phadke For Revenue : Shri Pankaj Kumar, Cit-Dr Date Of Hearing : 15-10-2025 Date Of Pronouncement : 28-10-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 07-03-2025, Pertaining To Assessment Year (Ay) 2012-13, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

For Appellant: Shri Tanmay PhadkeFor Respondent: Shri Pankaj Kumar, CIT-DR
Section 115BSection 142(1)Section 144Section 147Section 148Section 192Section 69

absence of service of notice of demand u/s. 156 of the Act, the limitation does not commence as per the provisions of Section 249(2) of the Act. Further, the Ld.CIT(A) did not consider the aspect that the assessee could not file an appeal immediately against the assessment order ... notice of demand u/s 156 and the said notice of demand is even not available on the IT portal and as per section 249(2)(b), the period of limitation for filing appeal has to be counted from the date of service of notice of demand and not from

Subha Hariharan, Mumbai vs. Income Tax Officer 35(3)(4), Mumbai

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

ITA 1154/MUM/2025[2011-12]Status: DisposedITAT Mumbai13 Oct 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2011-12 Subha Hariharan Income Tax Officer, Plot No. 4 B 503/504, Ward 35(3)(4), Dosti Elite Tower -B Mumbai Vs. Next To Sion Telephone Exchange Sion (W), Mumbai – 400022 (Pan: Acmph5705R) (Assessee) (Respondent) Present For: Assessee : Mr. Ruturaj Gurjar, Advocate Revenue : Mr. Virabhadra S. Mahajan, Sr. Dr (Virtually Appeared) Date Of Hearing : 30.09.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1071531320(1), Dated 24.12.2024 Passed Against The Assessment Order By Income-Tax Officer, Ward – 35(3)(4), Mumbai, U/S. 144 R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Ld. Cit (A) Has Erred In Passing The Order Dated 24/12/2024 Without Giving Reasonable Opportunity To The Petitioner To Represent Its Case.

For Appellant: Mr. Ruturaj Gurjar, AdvocateFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 144Section 249(2)Section 249(3)

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT