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

Sri. Kanala Subramanyam, Bengaluru vs. Income Tax Officer, Ward-5(2)(5), Bangalore

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

ITA 751/BANG/2024[2017-18]Status: DisposedITAT Bangalore03 Jul 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeykanala Subramanyam The Income Tax Officer No. 58/1, 8Th Cross, 12Th Main Ward - 5(2)(5), Bengaluru Raghavendra Block Vs. Srinagar, Bengaluru 560050 Pan – Bryps2091H (Appellant) (Respondent) Assessee By: Shri T. Srinivasa, Ca Revenue By: Shri Subramanian S., Jcit-Dr Date Of Hearing: 25.06.2024 Date Of Pronouncement: 03.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (Cit(A)) Vide Din & Order No. Itba/Nfac/S/250/2003-24/1062689536(1) Dated 15.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - 1. The Impugned Order Passed By The Learned Commissioner Of Income Tax (Appeals) Nfac Is Highly Unjust, Arbitrary & Contrary To Law & The Principles Of Natural Justice. 2. The Learned Commissioner Of Income Tax (Appeals) Nfac Has Failed To Appreciate That The Banking Transaction Of The Appellant During F.Y. 2016-17 Were In The Normal Course Of The Appellant'S Business Activities & That The Cash Deposits To His Bank Account

For Appellant: Shri T. Srinivasa, CAFor Respondent: Shri Subramanian S., JCIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 69A

Marathi Narayana Sathisha, Bengaluru vs. Income Tax Officer, Ward-3(3)(5), Bengaluru

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

ITA 709/BANG/2024[2017-18]Status: DisposedITAT Bangalore03 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Soundararajan Kassessment Year : 2017-18 Shri. Marathi Narayana Sathisha, Vs. Ito, No.98, 1St Cross, Near White Park Ward – 3(3)(5), Apartments, Kudulu Village, Bengaluru. Bengaluru – 560 068. Pan : Bjsps 3665 K Appellant Respondent Assessee By : Shri. Monish Sowkar, Advocate Revenue By : Shri. Ganesh R Gale, Standing Counsel For Department. Date Of Hearing : 21.05.2024 Date Of Pronouncement : 03.06.2024 O R D E R Per Soundararajan K: This Appeal By The Assessee Is Directed Against The Order Passed By The Nfac Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) Dated 29.11.2023, In Respect Of Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Working As A Physical Instructor In The Cambridge Public School At Bangalore. During The Demonetization Period, The Ao Found That The Assessee Had Deposited Cash Into His Bank Accounts Amounting To Rs.22,53,400/- & Therefore Issued Notices Under Section 143(2) & 142(1) Of The Act For Which The Assessee Had Failed To File Reply. Thereafter, A Show Cause Notice Was Also Issued To The Assessee For Which Also Assessee Page 2 Of 5

For Appellant: Shri. Monish Sowkar, AdvocateFor Respondent: Shri. Ganesh R Gale, Standing Counsel for Department
Section 143(2)Section 144Section 250Section 69A

ITO(E), Vadodara, Race Ciurse Vadodara vs. Takshshila Foundation(Ngo), Karelibaugh, Vadodara

In the result, the Cross Objection filed by the assessee is allowed, whereas the appeal filed by the Revenue is dismissed as infructuous

ITA 118/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad02 Jul 2024AY 2022-23

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar, Accountnat Member & Co No.8/Ahd/2024 (In Ita No.118/Ahd/2024 – By Assessee) Assessment Year : 2022-23 The Income Tax Officer (E) Takshshila Foundation (Ngo) (Ward) Vs B/15, Suhas Society Race Course Harni Road Vadodara 390 007 Karelibaug, Vadodara – 390 018 (Gujarat) Pan:Aaatt 5363 K अपीलाथ"/ (Appellant) "" यथ"/ (Respondent & Cross Objector) Assessee By : Shri D.K. Parikh, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 02/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises From The Order Of The Office Of Commissioner Of Income Tax (Appeals), Addl/Jcit (A)–6, Chennai [Hereinafter Referred To As "Cit(A)"] Dated 08-12-2023, For The Assessment Year (Ay) 2022-23 Against The Intimation/Order Passed U/S. 143(1) Of The Income Tax Act, 1961 (“The Act” In Short) By Cpc, Bengaluru & The Assessee Is In Cross Objection Thereof.

For Appellant: Shri D.K. Parikh, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 10Section 11Section 11(1)(a)Section 12(1)(ac)Section 12A(1)(b)Section 139(1)Section 143(1)Section 154Section 250