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

Angel Jewellery, Mumbai vs. ITO 42 (1) (1), Mumbai

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

ITA 3239/MUM/2023[2007-08]Status: DisposedITAT Mumbai01 Jan 2024AY 2007-08

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyangel Jewellery Vs. Ito-42(1)(1) 4, Akurli Industrial Kautilya Bhavan, Bkc, Estate, Akurli Road, Bandra East, Kandivali East, 400051 Mumbai-400101 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaifa7184P Appellant .. Respondent Appellant By : K.A.Vaidyalingan Respondent By : Lieder Panicker Date Of Hearing 27.12.2023 Date Of Pronouncement 01.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 16.08.2023 For A.Y. 2007-08. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) Erred In Dismissing The Appeal Of The Appellant In Unnecessary Hurry & Without Giving A Reasonable Opportunity Of Being Heard. 2. The Learned Cit (A) Failed To Appreciate The Fact That Out Of Three Dates Given Earlier, On Two Occasions It Was Impossible To Respond Due To Covid-19 & Consequent Lockdown & On The Last Occasion, The Ca Who Was Handling This Old Matter Was Indisposed. 3. In Law & On The Facts & Circumstances Of The Case, The Entire Reassessment Is Bad In Law & Nullity As The Learned Ao Erred In Completing The Reassessment U/S. 144 R.W.S. 147 Of The Income Tax Act Without Issuing A Valid Notices U/S. 148 & 143 (2) Of The Act. 4. The Learned Cit (A) Erred In Upholding The Addition Of Rs.24.12,640/- Made By The Learned Ao U/S. 69C On Account Of Alleged Unsecured Loan

For Appellant: K.A.VaidyalinganFor Respondent: Lieder Panicker
Section 144Section 148Section 250Section 69C