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

M/S. Littlestar Projects Private Limited., Uditnagar vs. ITO, Ward-10(3), Kolkata.

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1285/KOL/2023[2014-15]Status: DisposedITAT Kolkata24 Jun 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1285/Kol/2023 Assessment Year: 2014-15 M/S Littlestar Projects Pvt. Ltd…....……............…...……………....Appellant Shop No.C-12, F/F, Seth Deokaran Dass Commercial Complex, Kachery Road, Unit No.36, Uditnagar, Rourkela Town, Sundergarh, Odisha- 769012. [Pan: Aabcl7062K] Vs. Ito, Ward-10(3), Kolkata….................................................…..…..... Respondent Appearances By: Shri Abhishek Bansal, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2024 Date Of Pronouncing The Order : June 24, 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 19.10.2023 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. At The Outset, The Ld. Counsel For The Assessee Invited Our Attention To The Impugned Order Of The Cit(A) To Submit That The Same Is An Ex Parte Order Passed By The Cit(A). The Ld. Counsel Has Also Invited Our Attention To The Assessment Order To Submit That The Same Is Also An Ex Parte Order Passed By The Assessing Officer U/S 144 Of The Act. The Ld. Counsel Has Further Invited Our Attention To The Opening Lines Of The Assessment Order, Wherein, It Has Been Mentioned That The Notices Of

Section 144Section 250

Bhalagam Naidu Raja, Vellore vs. Iti Ward 3, Vellore

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

ITA 872/CHNY/2024[2017-18]Status: DisposedITAT Chennai24 Jun 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 872/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Shri Bhalagam Naidu Raja, The Income Tax Officer, 2/26, Melachakattu, Vs. Ward 3, Kalampathu Latheri, Vellore. Katpadi, Vellore – 632 202. Pan: Anppr 0224B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : None ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1060261821 (1) Dated 30.01.2024. The Assessment Was Framed By The Income Tax Officer, Ward 3, Vellore For The Assessment Year 2017-18 U/S.144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 14.11.2019. 2. At The Outset, It Is Noticed That The Assessee Has Raised The Ground That The Cit(A)-Nfac Has Violated The Principles Of Natural Justice In Not Allowing Opportunity Of Being Heard To The Assessee & Passing Ex-Parte Order Without Going Into The Merits Of The Case. The Relevant Grounds Raised By The Assessee I.E., Ground Nos. 2 To 4 As Under:- “2. The Nfac Erred In Not Considering The Grounds Set Forth Before The Office Of Commissioner Of Income Tax & Passed An Order U/S.250 Which Violates The Principles Of Natural Justice.

For Appellant: NoneFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 115BSection 142(1)Section 143(1)Section 144Section 249(4)Section 249(4)(b)Section 250Section 68

Secondary School Education Society Hegdekatta, Sirsi vs. Income-Tax Officer (Exemptions) Ward-1, Mangalore

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

ITA 897/BANG/2024[2021-22]Status: DisposedITAT Bangalore24 Jun 2024AY 2021-22

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavsecondary School Education The Income Tax Officer Society Hegdekatta (Exemption), Ward -1 1. Shri Gajanan Sec. School Albuquerque House Vs. Hegdekatta Sirsi Attavar Road, Attavar Sirsi 581403 Karnataka Mangalore 575001 Pan – Aanas3479D (Appellant) (Respondent) Assessee By: Shri Prabhath P. Bhat, Ca Revenue By: Ms. Neha Sahay, Jcti-Dr Date Of Hearing: 24.06.2024 Date Of Pronouncement: 24.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. The Present Appeal Of The Assessee Is Arising From Din & Order No. Itba/Apl/S250/2003-24/1063671684(1) Passed By The Commissioner Of Income Tax (Appeals), Aurangabad (Cit(A)) Dated 30.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2021-22. 2. The Brief Facts Of The Case Are That The Assessee, A Charitable Trust Registered With Income Tax Department Under Section 12Aa & Also Got 80G Of The Act. The Main Object Of The Assessee Is To Provide Education To Aspirants From Primary Level To Secondary Level. For The Impugned Year, Assessee Has Filed Its Return Of Income Electronically On 07.01.2022, Declaring Gross Total

For Appellant: Shri Prabhath P. Bhat, CAFor Respondent: Ms. Neha Sahay, JCTI-DR
Section 11Section 12ASection 139(1)Section 143(1)Section 250