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“Section 250(4)”

Section References (mined)Section 250Section 250(4)1,077 judgments

The decision most relied on for Section 250(4) is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 judgments on BharatTax.

Leading authorities on Section 250(4)

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

Pr. CIT v. Totagars
395 ITR 611 · 2017 · High Court
1,074
citing judgments

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

Mavilayi Service Co-operative Bank Ltd. v. CIT
431 ITR 1 · 2021 · Supreme Court
999
citing judgments

Section 80P(4) serves as a proviso to Section 80P(1) and (2), excluding only cooperative banks that are cooperative societies and possess an RBI license for banking business. Its purpose is to exclude cooperative banks operating like commercial banks that lend money to the public.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

State Bank Of India v. CIT
389 ITR 578 · 2016 · High Court
817
citing judgments

Income arising from a cooperative society's surplus funds invested in short-term deposits and securities is not attributable to the society's core activities and, therefore, is not eligible for exemption under Section 80P(2)(a)(i) of the Income-tax Act.

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society
392 ITR 74 · 2017 · High Court
762
citing judgments

Interest income earned by a cooperative society from its investments or surplus deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.

Subramanian and Anr. v. Siemens India Ltd. and Anr.
156 ITR 11 · 1985 · High Court
541
citing judgments

When there is a conflict between the decisions of non-jurisdictional High Courts, the view that favors the assessee should be preferred.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

Judgments citing Section 250(4)

Sudhir Yashwant Kadam, Ratnagiri vs. The Income Tax Officer, Ward-1, Ratnagiri

ITA 767/PUN/2024[2012-13]Status: DisposedITAT Pune24 Jun 2024AY 2012-13

Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.767/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Sudhir Yashwant Kadam, V The Income Tax Officer, H.No.127, Bahutule Wadi, S Ward-1, Ratnagiri. Mavlange, Ratnagiri, Maharashtra – 415616. Pan: Abfpk2131A Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi U/Sec.250 Of The Act Dated 16.02.2024. The Assessee Has Raised Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law The Cit(A), Nfac Erred In Confirming The Addition Made By The Ito Of Rs.13,47,713/- Representing The Total Of Cash Deposits In The Bank Account, Ignoring Submission Of The Appellant That: A. The Source Of The Cash Deposit Being Out Of His Business Turnover No Addition Is Sudhir Yashwant Kadam [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 251(2)

thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating

Sujata Suresh Nikam, Kalamboli Panvel vs. Income Tax Officer Ward -5 Panvel, Panvel

ITA 474/PUN/2024[2013-14]Status: DisposedITAT Pune24 Jun 2024AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.474/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Sujata Suresh Nikam, V The Income Tax Officer, Kl 4/10/3, Sector 4E, S Ward-5, Panvel. Kalamboli, Maharashtra – 410218. Pan: Abspn5521A Appellant / Assessee Respondent / Revenue Assessee By Shri Rajendra Kadrekar – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 19/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 27.06.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law, The Commissioner Of Income Tax(Appeals) – Nfac Has Erred In Confirming Order Imposing Penalty U/S 271B Of The Act Passed By The Income Tax Officer, Ward-5, Panvel. 2. On The Facts & Circumstances Of The Case & In Law, The Ld.Commissioner Of Income Tax(Appeals) Has Failed To Consider The Sujata Suresh Nikam [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 251(2)Section 271B

thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating

Shaikh Ayub Shaikh Mahebub Qureshi, Parbhani vs. Income Tax Officer, Ward, Parbhani

ITA 396/PUN/2024[2017-18]Status: DisposedITAT Pune24 Jun 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.396/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Shaikh Ayub Shaikh Mahebub V The Income Tax Officer, Qureshi, S Ward, Parbhani. Khureshi Traders, Khureshi Mohala, Purna, Parbhani, Maharashtra – 431511. Pan: Bkjpk1916R Appellant / Assessee Respondent / Revenue Assessee By Mrs. M.N.Kulkarani – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 18/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 04.01.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. Cit(A) Has Erred In Dismissing Appellant’S Appeal Alleging ‘Unexplained Cash Deposit In The Bank Account' In Para 5.2. Appellant Prays For Allowing Assessee'S Appeal Cancelling Addition Made By Assessing Officer As Issue Before Cit[A] Is Income Assessed Estimating Profit. Shaik Ayub Shaikh Mahebub Qureshi [A]

Section 234Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating

Santosh Krushna Ghule, Satara vs. ITO, Ward-5, Satara

ITA 461/PUN/2024[2013-14]Status: DisposedITAT Pune20 Jun 2024AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.461/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Santosh Krushna Ghule, V The Income Tax Officer, 165/9, Sahu Nagar, Godolo, S Ward-5, Satara. Satara – 415001. Maharashtra. Pan: Ayopg3325J Appellant / Assessee Respondent / Revenue Assessee By Shri Prateek Jha – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 19/06/2024 Date Of Pronouncement 20/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 13.01.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A), Nfac, Erred In Dismissing The Appeal Of The Assessee Without Granting Him Reasonable Opportunity Of Being Heard & The Impugned Order Deserves To Be Set Aside. 2. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A), Nfac, Erred In Not Appreciating That The Ld Ao Had Assessed An Amount Of Rs.53,24,743/- As Long Term Capital Gains Without Santosh Krushna Ghule [A]

Section 250Section 250(4)Section 250(6)Section 45Section 54F

thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating

Accuscan Daignostic Service Pvt Ltd, Pune vs. ITO Ward 1(1), Pune

ITA 526/PUN/2024[2017-18]Status: DisposedITAT Pune11 Jun 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.526/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Accuscan Daignostic Service V The Income Tax Officer, Private Limited, S Ward-1(1), Pune. 304, Rajat Apartmens, North Main Road, Lane-06, Koregaon Park, Pune – 411001. Pan: Aabca4647D Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Shri Arvind Desai – Dr Date Of Hearing 10/06/2024 Date Of Pronouncement 11/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 19.01.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. That, On Facts & In The Circumstances Of The Case, The Order Of Cit(A), Nfac Dated 19.01.2024 In Dismissing The Appeal Filed By The Appellant Is Arbitrary, Erroneous, Contrary To Law & Is Opposed To The Principles Of Natural Justice, Equity & Fair Play. 2. That, On Facts & In The Circumstances Of The Case, The Ld. Accuscan Daignostic Service Pvt. Ltd., [A]

Section 250Section 250(4)Section 250(6)Section 251(1)(a)Section 69A

Service Pvt. Ltd., [A] the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating

Infotek Netalia Ltd, Pune vs. ACIT, Circle-11, Pune

ITA 1004/PUN/2023[2012-13]Status: DisposedITAT Pune11 Jun 2024AY 2012-13

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1004/Pun/2023 िनधा"रण वष" / Assessment Year : 2012-13 Infotek Netalia Ltd., V The Acit, Commerzone, I T Park, S Circle-11, Pune. Yerawada, Pune – 411004. Pan: Aabci2205B Appellant / Assessee Respondent / Revenue Assessee By Mr.Abhineet P For Prateek Jha – Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 10/06/2024 Date Of Pronouncement 11/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 19.07.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld Cit(A), Nfac, Erred In Deciding The Appeal Of The Assessee Ex-Parte Without Granting The Assessee Reasonable Opportunity Of Being Heard. 2. The Ld Cit(A), Nfac, Erred In Passing The Appellate Order Entirely Based On The Observations Of The Ld Ao & Without Appreciating That The Business Of The Assessee Company Was Closed & There Was No Employee To Handle The Income Tax Matters. Infotek Netalia Ltd., [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 271(1)(c)

thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating