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

Vanaz Engineers Limited, Pune vs. Addl. Commissioner of Income Tax, Range -7, Pune

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

ITA 1959/PUN/2017[2009-10]Status: DisposedITAT Pune03 Mar 2021AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.1959/Pun/2017 िनधा"रण वष" / Assessment Year : 2009-10 Vanaz Engineers Limited, 85/1, Paud Road, Pune-411 038. .......अपीलाथ" / Appellant Pan : Aaacv6873B बनाम / V/S. Addl. Cit, Range- 7, ……""यथ" / Respondent Pune. Assessee By : Shri Rajendra Agiwal Revenue By : Shri Vitthal Bhosale सुनवाई क" तारीख / Date Of Hearing : 25.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 03.03.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 5, Pune (‘Cit(A)’ For Short) Dated 12.05.2017 For The Assessment Year 2009-10. 2. The Appellant Raised The Following Original Grounds Of Appeal :- “Based On The Facts & Circumstances Of The Case, Vanaz Engineers Limited (‘The Appellant’), Respectfully Craves Leave To Prefer An Appeal Against The Order Dated 12Th May, 2017 Passed By The Learned Commissioner Of Income-Tax (Appeals) - 5 ['Cit(A)’], Pune (Received By The Appellant On 20Th June, 2017) Under Section 250 Of The Income-Tax Act, 1961 (‘Act’) On The Following Grounds Which Are Independent & Without Prejudice To Each Other: On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit (A) Has:

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Vitthal Bhosale
Section 145ASection 194CSection 201Section 250Section 40

Jagesh Kumar Worah, Asansol vs. A.C.I.T., Circle-2, Asansol

In the result, appeal of the assessee is dismissed as withdrawn

ITA 796/KOL/2019[2015-16]Status: DisposedITAT Kolkata25 Feb 2021AY 2015-16

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Aby T. Varkey, Hon’Bleassessment Years: 2015-16 Shri Jagesh Kumar Worah.…...........................................................……………….….......................Appellant Court More, P.O. Asansol, Burdwan – 713304. [Pan : Aanpw 3580 A] Vs. Acit, Circle – 2, Asansol..........…........………............….……....…..................................................Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 19Th, 2021 Date Of Pronouncing The Order : February 25Th, 2021 Order Per Bench: The Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Asansol (Hereinafter The “Ld.Cit(A)”) Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dated 25.02.2019 For The Assessment Year 2015-16. 2. The Ld. Counsel For The Assessee Submitted That The Assessee Is Availing The “Vivad Se Vishwas Scheme” & Has Filed An Application In This Regard. He Pleaded For Protection That If Its Application Under The Scheme Is Rejected By The Authorities, The Appeal May Be Restored. He Submitted That If Such An Assurance Is Recorded In The Order, He Would Withdraw This Appeal Before The Tribunal. The Ld. D/R Had No Objection. 3. After Hearing Rival Contentions, We Dismiss This Appeal As Withdrawn With The Condition That The Same Shall Be Restored In Case The Authorities Do Not Approve The Application Filed By The Assessee For Resolution Of The Dispute Under “Vivad Se Vishwas Scheme”. 4. In The Result, Appeal Of The Assessee Is Dismissed As Withdrawn. Kolkata, The 25Th Day Of February, 2021. [Aby T. Varkey] [J. Sudhakar Reddy]Dated : 25.02.2021 Sc, Sr. P.S.

Section 250

Kirti Worah, Asansol vs. I.T.O., Ward-2(4), Asansol

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

ITA 798/KOL/2019[2015-16]Status: DisposedITAT Kolkata25 Feb 2021AY 2015-16

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Aby T. Varkey, Hon’Bleassessment Years: 2015-16 Smt. Kirti Worah.…...........................................................……………….….........................................Appellant Court More, P.O. Asansol, Burdwan – 713304. [Pan : Aaipw 0262 A] Vs. Ito, Ward – 2(4), Asansol..........…........………............….……....…..............................................Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 19Th, 2021 Date Of Pronouncing The Order : February 25Th, 2021 Order Per Bench: The Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Asansol (Hereinafter The “Ld.Cit(A)”) Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dated 25.02.2019 For The Assessment Year 2015-16. 2. The Ld. Counsel For The Assessee Submitted That The Assessee Is Availing The “Vivad Se Vishwas Scheme” & Has Filed An Application In This Regard. He Pleaded For Protection That If Its Application Under The Scheme Is Rejected By The Authorities, The Appeal May Be Restored. He Submitted That If Such An Assurance Is Recorded In The Order, He Would Withdraw This Appeal Before The Tribunal. The Ld. D/R Had No Objection. 3. After Hearing Rival Contentions, We Dismiss This Appeal As Withdrawn With The Condition That The Same Shall Be Restored In Case The Authorities Do Not Approve The Application Filed By The Assessee For Resolution Of The Dispute Under “Vivad Se Vishwas Scheme”. 4. In The Result, Appeal Of The Assessee Is Dismissed As Withdrawn. Kolkata, The 25Th Day Of February, 2021. [Aby T. Varkey] [J. Sudhakar Reddy]Dated : 25.02.2021 Sc, Sr. P.S.

Section 250

Pushpa Devi Bangur, Kolkata vs. ACIT, Circle - 35, Kolkata

In the result, appeal of the assessee is dismissed

ITA 2321/KOL/2018[2014-15]Status: DisposedITAT Kolkata10 Feb 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Sanjay Garg, Hon’Ble] I.T.A. No. 2321/Kol/2018 Assessment Year: 2014-15 Pushpa Devi Bangur....................................................…..……………………………………………….…..Appellant C/O S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Adapb 2153 Q] Asstt. Commissioner Of Income Tax, Circle-35, Kolkata.........................................………..Respondent Appearances By: None, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 5Th, 2021 Date Of Pronouncing The Order : February 10Th, 2021 Order Per Bench :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 10, Kolkata, (Hereinafter The “Ld.Cit(A)”), Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dt. 20/09/2018 For The Assessment Year 2014-15. 2. The Ld. Counsel For The Assessee Has Filed An Application Dt. 25/01/2021, Seeking Withdrawal Of This Appeal As He Has Availed Vivad Se Vishwas Scheme, 2020. The Ld. Pr. Cit, Has Issued From No. 3. In View Of The Same, We Accept The Application Of The Assessee & Dismiss The Appeal As Withdrawn. 3. In The Result, Appeal Of The Assessee Is Dismissed.

Section 250