Section 250 of the Income Tax Act

Income-tax Act, 2025: s.359

Section 250 of the Income-tax Act, 1961 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 is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 of the 26,976 judgments on BharatTax that turn on this section.

Leading authorities on Section 250

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

Fatehraj Singhvi v. UOI
73 Taxmann.com 252 · 2016 · High Court
1,778
citing judgments

Late fees under section 234E are not applicable for periods prior to June 1, 2015, as the amendment to section 200A inserting clause (c) was effective from that date.

Radhasoami Satsang v. CIT
193 ITR 321 · 1992 · Supreme Court
1,695
citing judgments

The principle of consistency applies in tax matters, meaning a fundamental aspect found to be true in one assessment year should not be changed in a subsequent year if the order was not challenged.

CIT v. B.N. Bhattacharya & Another
118 ITR 461 · 1997 · Supreme Court
1,656
citing judgments

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

Judgments on Section 250

Shree Shiromani Project Pvt. Ltd., Kolkata vs. ITO, Ward-2(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 106/KOL/2024[2013-14]Status: DisposedITAT Kolkata29 Jul 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.106/Kol/2024 Assessment Year: 2013-14 Shree Shiromani Project Pvt. Ltd. ...……………………....………....Appellant C/O Advocate Amit Agarwal, 50D, Mukta Ram Babu Street, 4Th Floor, Kolkata – 700007. [Pan: Aabcv0376L] Vs. Ito, Ward-2(1), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 22, 2024 Date Of Pronouncing The Order : July 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.03.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Learned National Faceless Appeal Centre, Delhi Erred In Passing Ex-Parte Order Dated 21St March, 2023 Under Section 250 Of The Income Tax Act, 1961 Dismissing The Appeal Of The Appellant In Liminie Without Dealing With The Merits Of The Case & By Not Passing Order On The Grounds Of Appeal Raised By The Appellant Assessee Company Against The Impugned Assessment Order Dated 30.09.2021 Passed By The Assessing Officer Under Section 147 R.W.S 144 Of The Income Tax Act

Section 147Section 250Section 68

Kalu Jat, Ajmer vs. ITO, Ward 2(2), Ajmer

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

ITA 747/JPR/2023[2015-16]Status: DisposedITAT Jaipur29 Jul 2024AY 2015-16

Bench: Hon,Ble Itat, Jaipur Bench On 07.12.2023 Against The Ex-Parte Order Passed By Ld. Cit(Appeals) Nfac, New Delhi, Order Dated 07.09.2023. The Appeal No. Is Ita No. 747/Jpr/2023. 2. The Present Appeal Was Filed With A Delay Of 31 Days. 3. That The Delay In Filing Of Appeal Was Due To Mistake Of Earlier Local Counsel Of Appellant, As He Did Not Filed The Appeal Well Within The Specified Time. 4. Then, On 06.12.2023, Appellant Engaged A New Counsel Of Jaipur, Ca Raghuveer Singh Poonia & On The Very Next Day The New Counsel Filed The Appeal Before Hon'Ble Itat, Jaipur Bench. 5. Therefore, The Delay In Filing Of Appeal Was Due To Mistake Of Earlier Counsel Of Appellant, Which Can Be Treated As Reasonable Cause & Bonafide Mistake Of Appellant In Good Faith In Filing The Appeal Before Hon'Ble Itat, Jaipur Bench. In View Of Above Submission Your Good Self Are Request That Kindly Consider This As Reasonable Cause To Condone The Delay & Kindly Admit The Appeal. So The Substantial Justice May Be Delivered To The Appellant." 2.2 The Ld. Ar Of The Assessee Appearing In This Appeals Submitted That The Delay Of 31 Days Is On Account Of Due To Mistake Of Earlier Local Counsel Of The Assessee, As He Did Not Inform The Assessee In Proper Time & Subsequently The Assessee Engaged A New Counsel On The Very Next Day & Filed The Appeal. Considering The Various Judicial Precedent Where In The Courts Has Considered That Change Of The New Counsel Is A Reasonable Reason & Has Considered The Delay. Even The Hon'Ble 3

Section 148ASection 56(2)(i)Section 69