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

Aravinda Infrastructure Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata

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

ITA 30/KOL/2022[2012-13]Status: DisposedITAT Kolkata02 Jan 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 30/Kol/2022 Assessment Year: 2012-13 Aravinda Infrastructure Pvt. Ltd. Income Tax Officer, Ward-4(3), 56E, Hemant Basu Sarani Kolkata Vs Kolkata - 700001 [Pan : Aagca5837L] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri B.K. Drolia, C.A. Revenue By : Shri Vijay Kumar, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 30/11/2022 घोषणा क" तारीख/Date Of Pronouncement : 02/01/2023 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 23, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 05/12/2016, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. The Registry Has Pointed Out That The Appeal Is Time Barred. The Assessee Has Filed An Affidavit Along With A Petition For Condonation Of Delay Duly Explaining The Reasons For Delay Thereby. The Ld. Counsel For The Assessee Vide The Petition Has Submitted That The Order Of The Ld. Cit(A) Was Not Served Upon The Assessee As The Same Was Returned Back Unserved. In View Of This, The Delay Is Condoned & The Appeal Is Admitted.

For Appellant: Shri B.K. Drolia, C.AFor Respondent: Shri Vijay Kumar, Addl. CIT
Section 250Section 40

Simplicity Dealers Pvt. Ltd, Kolkata vs. ITO, WD 9(1), Kolkata

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

ITA 57/KOL/2021[2013-14]Status: DisposedITAT Kolkata02 Jan 2023AY 2013-14

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 57/Kol/2021 Assessment Year: 2013-14 Simplicity Dealer Pvt. Ltd. Income Tax Officer, Ward – 9(1), C/O. Niraj Agarwal Kolkata Vs 115, Cotton Street 1St Floor Burra Bazar Kolkata - 700007 [Pan : Aancs8168D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, Fca Revenue By : Shri Vijay Kumar Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 27/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 02/01/2023 आदेश/O R D E R Per Shri Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 5, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 16/12/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2013-14. 2. Though The Registry Has Pointed Out That The Appeal Is Time Barred, However, In View Of The Decision Of The Hon’Ble Supreme Court In Miscellaneous Application No. 665 Of 2021 In Smw(C) No. 3 Of 2020, The Period Of Filing Appeal During The Covid-19 Pandemic Is To Be Excluded For The Purpose Of Counting The Limitation Period. In View Of This, The Appeal Is Treated As Filed Within The Limitation Period.

For Appellant: Shri Akkal Dudhewala, FCAFor Respondent: Shri Vijay Kumar Addl. CIT
Section 131Section 142(1)Section 250Section 68

DCIT, Cir. -11(1), Kolkata vs. M/S Iris Health Services Ltd., Kolkata

In the result, the appeal of the Revenue and the cross-objection of the assessee are hereby dismissed

ITA 233/KOL/2021[2012-13]Status: DisposedITAT Kolkata02 Jan 2023AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.233/Kol/2021 Assessment Year: 2012-13 Dcit, Circle-11(1), Kolkata...………….........…..................….…… Appellant Vs. M/S Iris Health Services Ltd...…..……...…........…...…...…..…..... Respondent 82/1, Raja Subodh Ch. Mullick Road, Kolkata-700047. [Pan: Aabci8499M] Co No.18/Kol/2021 (Arising Out Of Ita 233/Kol/2021) Assessment Year: 2012-13 M/S Iris Health Services Ltd...…..……...…........…...…...…..…..... Cross-Objector 82/1, Raja Subodh Ch. Mullick Road, Kolkata-700047. [Pan: Aabci8499M] Vs. Dcit, Circle-11(1), Kolkata...………….........…..................….…… Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Assessee. Shri D.K. Sonawal, Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : November 24, 2022 Date Of Pronouncing The Order : January 02, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue & Cross-Objection By The Assessee Against The Order Dated 24.09.2020 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 131Section 250Section 68