Section 250(1) of the Income Tax Act
Income-tax Act, 2025: s.359
Section 250(1) falls under section 250 of the Income-tax Act, 1961, which corresponds to section 359 (Procedure in appeal) of the Income-tax Act, 2025.
Read section 359 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 250(1) is B.T. Patil& Sons Belgaum Construction P. Ltd. v. ACIT (126 TTJ 577), cited in 63 of the 37 judgments on BharatTax that turn on this section.
Leading authorities on Section 250(1)
A Special Bench decision of the Income Tax Appellate Tribunal concerning Section 80IA deduction for infrastructure facility developers can be recalled if it fails to consider a binding jurisdictional High Court judgment.
A contractor executing irrigation projects on an EPC turnkey basis is not eligible for deduction under section 80IA(4), as they are not considered a developer of an infrastructure facility.
A penalty under Section 271(1)(c) for concealment of income, arising from a scrutiny assessment under Section 143(3), is distinct from a demand of additional tax based on the processing of a return under Section 143(1)(a).
An order passed under section 143(1) merges with a subsequent regular assessment under section 143(3), allowing arguments related to the section 143(1) order to be raised in appeal under section 143(3).
