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

Katwa-Kalna Co-Operative Agriculture and Rural Development Bank Limited, Burdwan vs. ITO, Ward-1(2), Burdwan

In the result, the appeal of the assessee is allowed

ITA 274/KOL/2021[2014-15]Status: DisposedITAT Kolkata22 Jun 2023AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2014-15 Katwa-Kalna Co-Operative Ito, Ward-1(2), Agriculture & Rural Burdwan Development Bank Ltd. Vs. Udyog Bhawan, K.G. Bose Sarani, Katwa-713130, Burdwan. Pan: Aacak 8053 E (Appellant) (Respondent) Present For: Appellant By : Shri Palash Chattopadhya, Ar Respondent By : Shri P.P. Barman, Addl. Cit, Sr. Dr Date Of Hearing : 21.06.2023 Date Of Pronouncement : 22.06.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.06.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: 1. That On The Facts & Circumstances Of The Case, The Cit(A) Erred In Upholding The Action Of The Assessing Officer In Disallowing Deduction Of Rs. 16,86,273/- Under Section 80P(2)(A)(I) Of The Income Tax Act, 1961 On The Ground That Interest Income Of Rs. 16,86,273/- Earned From Fixed Deposits/Investments With State Bank Of India Is Not Derived From Business & Was Taxable Under The Head 'Income From Other Sources', Which Is Not Eligible For Deduction Under That Section. Appellant Prays For Allowing The Same.

For Appellant: Shri Palash Chattopadhya, ARFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. DR
Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(4)Section 8O

Patkai Plastics Private Limited, Dibrugarh vs. Assistant Commissioner of Income Tax, Circle-1, Dibrugarh

In the result, appeal of the assessee is allowed

ITA 437/GTY/2019[2015-16]Status: DisposedITAT Guwahati22 Jun 2023AY 2015-16

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 437/Gty/2019 Assessment Year: 2015-16 M/S. Patkaai Plastics Private Assistant Commissioner Of Income Vs Tax, Circle-1, Dibrugarh Limited Puja Ghat, A.T. Road Dibrugarh - 786001 [Pan : Aafcp1440H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.P. Bhati, Fca Revenue By : Shri N.T. Sherpa, Jcit सुनवाई क" तारीख/Date Of Hearing : 18/05/2022 घोषणा क" तारीख /Date Of Pronouncement: 22/06/2023 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 Learned Commissioner Of Income Tax (Appeals) – Dibrugarh, (Hereinafter The “Ld. Cit(A)”) Dt. 16/01/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2009-10. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Learned A.O. Is Not Justified In Making Addition U/S 68 Of The I.T. Act, 1961 Of Rs.22,00,000/- Even When The Said Amount Was Recorded In The Books Of Accounts (As Detailed In Assessment Order) & A.O. Has Computed The Income Without Rejecting Books Of Accounts. 2. The Appellant Craves The Leave To Take Additional Grounds At The Time Of Hearing Of Appeal.” The Assessee Has Raised The Following Additional Ground Of Appeal:- “1. For That The Learned A.O. Is Not Justified In Not Allowing Business Expenditure Of Rs.22,00,000/- After Having Made Addition U/S 68 Of The I.T.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 133ASection 143(2)Section 250Section 68