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

Ravi Soni (Since Deceased) Legal Heir Smt.Babita Soni., Kolkata vs. I.T.O, Ward-29(1), Kolkata.

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

ITA 703/KOL/2023[2016-17]Status: HeardITAT Kolkata28 Sept 2023AY 2016-17

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.703/Kol/2023 Assessment Year: 2016-17 Ravi Soni (Since Deceased) Legal Heir Smt. Babita Soni.……………....Appellant 77-A, Christopher Road, Kolkata. [Pan: Ajmps1326A] Vs. Ito, Ward-29(1), Kolkata.........…..........................................…..…..... Respondent Appearances By: Shri Manish Tiwari, Ar, Appeared On Behalf Of The Appellant. Smt. Monalisha Pal Mukherjee, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 28, 2023 Date Of Pronouncing The Order : August 28, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Legal Heir Of The Deceased Assessee, Ravi Soni, Against The Order Dated 15.05.2023 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 Has Invited Our Attention To The Impugned Order Of The Cit(A) To Submit That The Same Is An Ex Parte Order. The Ld. Counsel Has Further Produced A Copy Of The Death Certificate Of The Deceased Assessee Ravi Soni, Wherein, The Date Of Death Has Been Mentioned As 24.12.2019. The Ld. Counsel Has Invited Our Attention To The Title Of The Impugned Order Of The Cit(A) To Submit That The Appeal Was Instituted On 25.01.2019 By The Deceased

Section 250

Calcutta Cosmopolitan Club Ltd., Kolkata vs. ITO, Ward-12(1), Kol, Kolkata

In the result, both the appeals of the assessee stand dismissed

ITA 451/KOL/2023[2014-15]Status: DisposedITAT Kolkata27 Sept 2023AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.450&451/Kol/2023 Assessment Years: 2013-14 & 2014-15 Calcutta Cosmopolitan Club Ltd...................................................……Appellant 58/2, Ballygunj Circular Road, Kolkata – 700019. [Pan: Aabcc2833K] Vs. Ito, Ward-12(1), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate, Appeared On Behalf Of The Appellant. Shri Kapil Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 25, 2023 Date Of Pronouncing The Order : September 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 18.12.2022 & 30.11.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. 2. The Sole Issue Involved In These Appeals Is As To Whether The Principle Of Mutuality Will Apply On The Interest Income Earned By The Assessee On The Deposits With The Bank. 3. The Brief Facts Of The Case Are That The Assessee-Club Claimed Before The Assessing Officer That It Is A Mutual Organisation Comprising Of Its Members & The Surplus Income Earned From Mutual Transactions Is

Section 250

Calcutta Cosmopolitan Club Ltd., Kolkata vs. ITO, Ward-12(1), Kol, Kolkata

In the result, both the appeals of the assessee stand dismissed

ITA 450/KOL/2023[2013-14]Status: DisposedITAT Kolkata27 Sept 2023AY 2013-14

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.450&451/Kol/2023 Assessment Years: 2013-14 & 2014-15 Calcutta Cosmopolitan Club Ltd...................................................……Appellant 58/2, Ballygunj Circular Road, Kolkata – 700019. [Pan: Aabcc2833K] Vs. Ito, Ward-12(1), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate, Appeared On Behalf Of The Appellant. Shri Kapil Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 25, 2023 Date Of Pronouncing The Order : September 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 18.12.2022 & 30.11.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. 2. The Sole Issue Involved In These Appeals Is As To Whether The Principle Of Mutuality Will Apply On The Interest Income Earned By The Assessee On The Deposits With The Bank. 3. The Brief Facts Of The Case Are That The Assessee-Club Claimed Before The Assessing Officer That It Is A Mutual Organisation Comprising Of Its Members & The Surplus Income Earned From Mutual Transactions Is

Section 250