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

Aditya Arav Dev-Cons Co Private Limited, Ramnagargarh, Dhanbad vs. DCIT, Circle-1, Kali Mitra Lane Kolkata

In the result, appeal of the assessee is allowed

ITA 763/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 Apr 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 763/Kol/2023 Assessment Year: 2013-14 Aditya Arav Dev-Cons Co Private Dy. Commissioner Of Income Tax, Limited Vs Circle - 1, Kolkata Kali Mitra Lane Kolkata - 700006 [Pan : Aahca8209M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.N. Keshari, Fca Revenue By : Shri Archana Gupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 16/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 22/04/2024 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, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. Only Grievance Of The Assessee Is Against The Finding Of The Ld. Cit(A) Confirming The Penalty Of Rs.14,21,776/- Levied By The Ld. Assessing Officer U/S 271(1)(C) Of The Act. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That The Impugned Penalty Has Been Levied On The Additions Made On Estimate Basis & There Is No Specific Finding For Making The Addition That The Assessee Has Concealed Particulars Of Income Or Furnished Inaccurate Particulars Of Income.

For Appellant: Shri A.N. Keshari, FCAFor Respondent: Shri Archana Gupta, Addl. CIT, Sr. D/R
Section 133(6)Section 250Section 271(1)(c)

Manju Devi Shah, Kolkata vs. ITO, Ward-50(4), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 1280/KOL/2023[2010-11]Status: DisposedITAT Kolkata22 Apr 2024AY 2010-11

Bench: Shri Sanjay Gargi.T.A. No.1280/Kol/2023 Assessment Year: 2010-11 Manju Devi Shah……………..…..…......................…...……………....Appellant P-281 Scheme Vim Cit Road, Kankurgachi, Kolkata-700054. [Pan: Amkps3650G] Vs. Ito, Ward-50(4), Kolkata.......…..........................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Fca, Appeared On Behalf Of The Appellant. Shri Bibekananda Madhu, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2024 Date Of Pronouncing The Order : April 22, 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 12.10.2023 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. The Assessee In This Appeal Has Apart From Challenging The Additions On Merits Made/Confirmed By The Lower Authorities Of Rs.42,12,703/- U/S 68 Of The Act By Treating The Long-Term Capital Gains Earned By The Assessee As Bogus, Has Also Challenged The Very Validity Of The Reopening Of The Assessment. 3. Since, The Legal Grounds Relating To The Validity Of The Reopening Of The Assessment Hit At The Very Jurisdiction Of The Assessing Officer To

Section 147Section 148Section 151Section 250Section 68