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

Sarvodaya Credit Co Op Society Ltd Barkur, Udupi vs. Income-Tax Officer, Ward-1, Udupi

In the result, the appeal filed by the assessee is allowed

ITA 746/BANG/2024[2017-18]Status: DisposedITAT Bangalore25 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavsarvodaya Credit Co-Op. The Income Tax Officer Society Ltd. Ward -2, Udupi Car Street, Barkur Vs. Udupi 576210 Pan – Aaeas9576Q (Appellant) (Respondent) Assessee By: Smt. Sheetal Borkar, Advocate Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 25.06.2024 Date Of Pronouncement: 25.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/2003-24/1061360577(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 22.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Society Filed Its Return Of Income(Roi) On 06.11.2017 Declaring Gross Total Income Of Rs.18,34,325/- & Net Income As Nil. Roi Filed By Assessee Was Selected For Scrutiny, After Issuing Statutory Notices. During The Course Of Assessment Proceedings The Ld. Assessing Officer (Ao) Treated Certain Income Of The Assessee As Income From Other Sources(Ios) & Without Giving The Benefit Of The Expenses Attributable Ios Assessed The Entire Income Under The Head ‘Income From Other Sources’. The Ao Further Added Rs. 1,90,000/- On Account Of The Provisions Made By Assessee With 2 Sarvodaya Credit Co-Op. Society Ltd. Respect To Employee’S Retirement Fund & Provision With Respect To Nps Fund Amounting To Rs.27,57,696/-.

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Ms. Neha Sahay, JCIT-DR
Section 250Section 57Section 80PSection 80P(2)(a)

Uttamchand Hastimal Jain, Vijayapura vs. Income Tax Officer Ward 1and 2, Tps, Vijayapur

ITA 567/BANG/2024[2014-15]Status: DisposedITAT Bangalore25 Jun 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavuttamchand Hastimal Jain The Income Tax Officer Prop. Of Sumatinath Traders Ward - 1 & 2 (Tps) Kirana Bazar Vs. Aayakar Bhavan Vijayapura 586101 Near All India Raido Pan – Addpj2783P Athani Road, Vijayapura 586104 (Appellant) (Respondent) Assessee By: Shri Prasanna N. Urala, Advocate Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 24.06.2024 Date Of Pronouncement: 25.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/2003-24/1061137028(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 19.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2014-05. 2. Facts Leading To The Filing Of Present Appeal Are, The Assessee Is An Individual Running A Kirana Shop In Vijayapura, Karnataka. For The Impugned Assessment Year He Has Filed His Return Of Income(Roi) Declaring An Income Of Rs 4,72,780/- On 31.10.2014. Thereafter, An Information, Revealing That Assessee Had Deposited An Amount Of Rs. 3,10,13,708/- In Its Bank Account With Shri Gurubasava Urban Credit Souharda Co-Op. Ltd, Surfaced With Department. Accordingly The Case Of The Assessee Was Reopened Under Section 2 Uttamchand Hastimal Jain 148 Of The Vide Notice Dated 31.03.2021. In Response To The 148 Notice The Assessee Filed A Revised Computation Of Income Declaring An Income Of Rs 21,68,535/-. While Concluding The Assessment The Ao Accepted The Revised Computation Without Any Demur. However, The Ao Simultaneously, Initiated Penalty Proceedings Under Section 271(1)(C) Of The Act Alleging That Assessee Has Concealed His Income. Afterwards, The Ao Vide Its Order Dated 26.09.2022, Levied Penalty U/S 271(1)(C) Of The Act.

For Appellant: Shri Prasanna N. Urala, AdvocateFor Respondent: Ms. Neha Sahay, JCIT-DR
Section 2Section 250Section 271(1)(c)