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

Adinath Biolabs Ltd., Kolkata vs. DCIT, Circle - 4(2), Kolkata

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

ITA 174/KOL/2018[2013-14]Status: DisposedITAT Kolkata20 Feb 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi) Assessment Year: 2013-14 Adinath Biolabs Ltd....……………………….............................…..……………….…...……..…….............Appellant 4, N.S. Road 1St Floor Kolkata- 700 001 [Pan : Aaeca 5539 M] Vs. Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata…….....……………...…...........Respondent Appearances By: None, Appeared On Behalf Of The Assessee. Shri S. Halder, Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 15Th , 2019 Date Of Pronouncing The Order : February 20Th , 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Are Directed Against Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals)-7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Both Dt. 20/12/2017, For The Assessment Year 2012-13. 2. None Appeared On Behalf Of The Assessee Despite Issue Of Notice By Rpad. There Was No Application Moved By The Assessee For Adjournment Either. Under The Circumstances We Dispose Of The Cases Ex-Parte On Merits Qua The Assessee After Hearing The Ld. Departmental Representative. 3. After Hearing The Ld. D/R & Perusing The Order Passed By The Ld. Cit(A), We Find That The Assessee Has Not Appeared Before The Ld. Cit(A) & Hence Ex-Parte Orders Were Passed. As The Ld. Cit(A) Has Not Disposed Off The Cases On Merits, We Deem It Fit To Restore The Issue To The File Of The Ld. Cit(A), For Fresh Adjudication, In Accordance With Law, After Giving The Assessee Adequate Opportunity Of Being Heard, On The Grounds Of Natural Justice, Subject To The Payment Of Cost Of Rs.10,000/- (Rs. Ten Thousand Only) By The Assessee In Favour Of Prime Minister Relief Fund, For Having Not Appeared Before

Section 250