Section 249 of the Income Tax Act
The decision most relied on for Section 249 is 11th June, 1996. 4. In Trustees of H.E.H. the Nizam’s Supplemental Family Trust v. CIT (242 ITR 381), cited in 32 of the 146 judgments on BharatTax that turn on this section.
Leading authorities on Section 249
Reassessment proceedings under section 148 of the Income-tax Act, 1961 cannot be initiated so long as the original assessment proceedings, based on a return already filed, are pending and have not been disposed of or terminated.
The date of acquisition of shares, particularly in the context of rights issues, is the date the company's offer to subscribe to shares is made, not the date of allotment, physical issuance, or payment.
The Gujarat High Court in Jayvant Singh Vaghela v. ITO (2013) establishes that a reasonable cause for delay in filing an appeal is necessary for condonation. The court relies on principles laid down in landmark Supreme Court decisions to assess whether the grounds presented by the assessee constitute a sufficient 'reasonable cause' for the delay.
Judgments on Section 249
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