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

Fakhri Co-Operative Housing Society Ltd.Ustee Company Ltd As Trustee for Fccb Issued by Jindal Saw Ltd., Mumbai vs. CIT (A), Delhi

In the result, appeal filed by the Appellant stands allowed for statistical purposes

ITA 785/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 May 2023AY 2013-14

Bench: Shri Narender Kumar Choudhryfakhri Co-Operative Versus Commissioner Of Housing Society Ltd. Income Tax 422, Matharpakhadi Road, (Appeals) Mazgaon, Nfac, Delhi. Maharashtra-400010. Pan: Aaaaf1078N Appellant Respondent Appellant/Assessee By : Sh. Murtaza Quresh Ghandiali & Ms. Sabeena Darukhanawal, Ar Respondent/Department By : Ms. Mini Vinod, Dr Date Of Hearing : 29/05/2023 Date Of Pronouncement : 29/05/2023 Order Narender Kumar Choudhry, J.M: This Assessee/Appellant Herein Has Preferred This Appeal Against The Order Dated 12.01.2023 Impugned Herein Passed By Ld. Commissioner Of Income Tax (Appeals) / Nfac, Delhi {In Short ‘Ld. Commissioner’} U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For Ay 2013-14. Fakhri Co-Operative Housing Society Ltd. 2. In This Case, The Appellant Earned Interest From Co- Operative & Other Banks & Therefore, Filed Its Return Of Income For The Ay 2013-14 On 22.08.2013 Which Was Processed By Cpc & Vide Intimation Dated 12.11.2014 Under Section 143(1) Of The Act, The Amounts Of Rs. 2,08,071/- & Rs. 50,000/- Have Not Been Considered Under Section 80P(2)(C)(Ii) & Consequently Disallowed.

For Appellant: Sh. Murtaza QureshFor Respondent: Ms. Mini Vinod, DR
Section 143(1)Section 154Section 249Section 249(2)Section 249(3)Section 250Section 80P(2)(c)

Skyview Dealtrade Pvt. Ltd., Siliguri vs. DCIT, Cent. Cir-2(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 482/KOL/2022[2012-2013]Status: DisposedITAT Kolkata25 May 2023AY 2012-2013

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.482/Kol/2022 Assessment Year: 2012-13 Skyview Dealtrade Pvt. Ltd........................................…..........….…… Appellant H. No.Vl/100/A/14, Skyview Building, 40, Sevoke Road, Siliguri, Darjeeling-734001. [Pan: Aaocs1326G] Vs. Dcit, Central Circle-2(1), Kolkata….....…...........................…..…..... Respondent Appearances By: Shri Pranobesh Sarkar, Adv., Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 04, 2023 Date Of Pronouncing The Order : May 25, 2023 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 24.01.2022 Of The Commissioner Of Income Tax (Appeals)- 20, Kolkata [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 Contested The Addition Made By The Assessing Officer & Further Confirmed By The Cit(A) In Respect Of Share Capital Of Rs.3,49,87,796/- & Unsecured Loans Of Rs.34,83,745/- Received By The Assessee Which Have Been Treated By The Lower Authorities As Unexplained Income Of The Assessee & Further Of Disallowance Of Expenditure Claimed Of Rs.38,973/-. The Impugned Additions Were Made By The Assessing Officer On Account Of The Failure

Section 132Section 133ASection 143(3)Section 144Section 153CSection 250