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

Zf Wind Power Coimbatore Private Limited, Chennai vs. JCIT (OSD) Corporate Circle 1, Coimabtore

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

ITTPA 20/CHNY/2026[2020-21]Status: DisposedITAT Chennai12 Aug 2026AY 2020-21

Bench: Honourable Shri Gagan Goyal & Shri Manu Kumar Giriआयकर अपील सं./It(Tp)A No. 20/Chny/2026 यनिाारण वर्ा /Assessment Years: 2020-21 Zf Wind Power Coimbatore Private Ltd, V. The Joint Commissioner Of Plot No.3, Aspenpark Infra Sez, Income Tax, (Osd), Annur Road, Kittampalayam & Corporate Circle-1, Karumathampatty Village, Coimbatore. Coimbatore, Tamil Nadu-641 659. [Pan: Aabch8089G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. Ashik Shah, C.A & Ms. Soundariya, C.A. Ld. Ars प्रत्यर्थी की ओर से /Revenue By : Mr. K. Jayaganesh, Cit Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 30.07.2026 घोषणाकीतारीख /Date Of Pronouncement : 11.08.2026 आदेश / O R D E R Per Gagan Goyal, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.11.2025 Passed By The Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Under Section 250 Of The Income-Tax Act, 1961, For Assessment Year 2020-21. Grouds Of Appeal General Ground 1. The Ld. Cit (A) Erred In Issuing The Impugned Order Without Jurisdiction & In Gross Violation Of Notification No. 113/2022 Dated 13 October 2022 [No. 113/2022/F.No.279/Misc./66/2014- Itj (Pl)/So 4873(E)] Issued By The Central Board Of Direct Taxes & Binding On The Lower Authorities & Hence, The Impugned Order Is Liable To Be Quashed.

For Appellant: Mr. Ashik Shah, C.A & MsFor Respondent: Mr. K. Jayaganesh, CIT
Section 250Section 92C(3)Section 92D

The Sufiya Educaiton Society Nagaur, Nagaur vs. Ld. AO Exemption, Exemption Jodhpur

In the result, the appeal of the assessee is dismissed as withdrawn

ITA 64/JODH/2025[2020-21]Status: DisposedITAT Jodhpur12 Aug 2026AY 2020-21

Bench: Shri Amit Shukla, Hon’Ble & Shri Girish Agrawal, Hon’Blethe Sufiya Education Society Ld. Ao Exemption 369A, Bichla Bas, Jodhpur Nagaur-341001 Pan No. Aabtt 5359 G Assessee By None Revenue By Prerna Choudhary, Addl. Cit-Dr (Physical) Date Of Hearing 12 / 08 / 2026. Date Of Pronouncement 12 / 08 / 2026. Order Per Bench: The Aforesaid Appeal Has Been Filed By The Assessee Against The Rectification Order Dated 05.01.2024 Passed Under Section 154 Read With Section 143(1) Of The Income-Tax Act, 1961, For The Assessment Year 2020-21. 2. Before Us, The Assessee Has Filed A Written Application Seeking Withdrawal Of The Present Appeal. It Has Been Stated That Subsequently, In The Appellate Proceedings, The Ld. Cit(A), Nfac, Vide Order Dated 04.12.2024, Partly Allowed The Assessee’S Claim & Thereafter, On An Application Filed Under Section 154 Read With Section 250 Of The Act, Passed A Rectification Order Dated 20.03.2025, Whereby The Remaining Amount Of ₹25,24,806/- Was Also Accepted As Having Been 2 Asst. Year: 2020-21 Duly Set Apart For Application. Consequent Thereto, The Jurisdictional Assessing Officer Has Passed The Appeal-Effect Order Dated 15.05.2025 Accepting The Returned Income At Nil & Granting The Consequential Benefit Of Exemption Under Sections 11 & 12 Of The Act.

Section 143(1)Section 154Section 250