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

Shivananda Patil, Kolkata vs. ADIT, CPC, Bangaluru

In the result, all the appeals of the assessee are allowed

ITA 32/KOL/2024[2022-23]Status: DisposedITAT Kolkata03 Jun 2024AY 2022-23

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Shivananda Pati, Jalpaiguri vs. ADIT, CPC, Bengaluru

In the result, all the appeals of the assessee are allowed

ITA 31/KOL/2024[2021-22]Status: DisposedITAT Kolkata03 Jun 2024AY 2021-22

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Shivananda Patil, Jalpaiguri vs. ADIT, CPC, Bengaluru

In the result, all the appeals of the assessee are allowed

ITA 30/KOL/2024[2020-21]Status: DisposedITAT Kolkata03 Jun 2024AY 2020-21

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Pujita Constructions Pvt. Ltd., Kolkata vs. DCIT, Cir. 1(1), Kolkata

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

ITA 299/KOL/2024[2012-13]Status: DisposedITAT Kolkata03 Jun 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 299/Kol/2024 Assessment Year: 2012-13 Pujita Constructions Pvt. Ltd. Deputy Commissioner Of Income Mezzanine Floor, Narayani Vs Tax, Circle - 1(1), Kolkata Building 27, Brabourne Road Kolkata - 700001 [Pan : Aaecp5112F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Avinandan Yadav, On Behalf Of Shri Sanjay Kr. Kejriwal, Fca Revenue By : Shri Nicholas Murud, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 05/01/2024, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. At The Outset, The Ld. Representative On Behalf Of The Assessee Made Reference To The Paper Book & The Written Submission. Perusal Of The Same Indicates That The Ld. Cit(A) Has Dismissed The Assessee’S Appeal Filed For Assessment Year 2012-13 Against The Order Of The Ld. Assessing Officer Dt. 12/12/2019 Framed U/S 147/143(3) Of The Act Only On The Ground That The Assessee Has Opted For Vivad Se Vishwas Scheme, 2020 & Filed Form No. 1 & 2 On 23/03/2020. In The Decisions Of The Ld.

For Appellant: Shri Avinandan Yadav, on behalf of ShriFor Respondent: Shri Nicholas Murud, Addl. CIT, D/R
Section 147Section 250

Ashit Kumar Deb, Kolkata vs. ITO, Ward-25(2), Kolkata

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

ITA 283/KOL/2024[2017-18]Status: DisposedITAT Kolkata31 May 2024AY 2017-18

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Rakesh Mishra, Hon’Blei.T.A. No. 283/Kol/2024 Assessment Year: 2017-18 Ashit Kumar Deb Income Tax Officer, Ward-25(2), 2/240 Sree Colony Vs Kolkata Regent Estate Baghajatin Kolkata - 700092 [Pan : Aqcpd6452F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Arvind Agarwal, Advocate Revenue By : Smt. Monalisha Pal Mukherjee, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 31/05/2024 आदेश/O R D E R Per Sonjoy Sarma: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 02/09/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. At The Time Of Hearing The Registry Has Informed That The Present Appeal Filed By The Assessee Is Time Barred By 104 Days. The Assessee Prayed For Condonation Of The Delay. The Reasons Are Placed On Record. We, After Perusing The Same As Well As Material Available On Record Find Merit In The Reasonable Cause Stated By The Assessee, Which Prevented Him To File The Appeal Within The 2

For Appellant: Shri Arvind Agarwal, AdvocateFor Respondent: Smt. Monalisha Pal Mukherjee, JCIT, D/R
Section 250