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

Assistant Commissioner of Income Tax Central Circle -2(1), Ahmedabad vs. Eplast Build Techno Industries LLP, Ah

Appeal of the Revenue is partly allowed whereas Cross Objection of the assessee is hereby dismissed

ITA 108/AHD/2026[2019-20]Status: DisposedITAT Ahmedabad31 Jul 2026AY 2019-20

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.107&108/Ahd/2026 (Along With C.O. Nos. 36&37/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19 & 2019-20 Acit, Eplast Build Techno Industries Llp Central Circle-2(1), बनाम/ Sur No. 311, Tp Scheme 45, V/S. Ahmedabad Plot No. 145, Gota, Chandolodia Road, Ahmedabad-382481 "थायी लेखा सं./Pan: Aaffe4766L (अपीलाथ"/Appellant/Respondent) ("" यथ"/ Respondent/Cross Objector) Assessee By : Shri Biren Shah, Ar Revenue By : Shri Arvind Kumar Namdeo, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 31/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections Preferred By The Assessee Are Against The Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As ‘Ld. Cit(A)’] Dated 26/11/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2018-19 & 2019-20 Respectively. Ita No. 107/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Biren Shah, ARFor Respondent: Shri Arvind Kumar Namdeo, Sr. DR
Section 250

Assistant Commissioner of Income Tax Central Circle 2(1), Ahmedabad vs. Eplast Build Techno Industries LLP, Ahmedabad

Appeal of the Revenue is partly allowed whereas Cross Objection of the assessee is hereby dismissed

ITA 107/AHD/2026[2018-19]Status: DisposedITAT Ahmedabad31 Jul 2026AY 2018-19

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.107&108/Ahd/2026 (Along With C.O. Nos. 36&37/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19 & 2019-20 Acit, Eplast Build Techno Industries Llp Central Circle-2(1), बनाम/ Sur No. 311, Tp Scheme 45, V/S. Ahmedabad Plot No. 145, Gota, Chandolodia Road, Ahmedabad-382481 "थायी लेखा सं./Pan: Aaffe4766L (अपीलाथ"/Appellant/Respondent) ("" यथ"/ Respondent/Cross Objector) Assessee By : Shri Biren Shah, Ar Revenue By : Shri Arvind Kumar Namdeo, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 31/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections Preferred By The Assessee Are Against The Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As ‘Ld. Cit(A)’] Dated 26/11/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2018-19 & 2019-20 Respectively. Ita No. 107/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Biren Shah, ARFor Respondent: Shri Arvind Kumar Namdeo, Sr. DR
Section 250

Windsor Shelters, Pune vs. Asstt. Commissioner of Income Tax Circle 5, Pune

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 949/PUN/2026[2017-18]Status: DisposedITAT Pune31 Jul 2026AY 2017-18

Bench: Shri Rama Kanta Panda & Ms. Astha Chandraassessment Year : 2017-18 Windsor Shelters, Acit, Circle-5, Sr.No. 47/30, Aranyeshwar Sant Pune Nagar Chowk, Vs. Taware Colony, Pune-411009 Pan : Abcfs7010D (Appellant) (Respondent) Assessee By : Ms. Nisha Lahoti Department By : Ms. Bhavya. I.V. – Jt.Cit Date Of Hearing : 25-06-2026 Date Of Pronouncement : 31-07-2026 O R D E R Per Astha Chandra, J.M.: The Appeal Filed By The Assessee Is Directed Against The Order Dated 30-12-2025 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac”], U/S. 250 Of The Income Tax Act, 1961 (The “Act”), Pertaining To Assessment Year (“Ay”) 2017-18. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Registered Partnership Firm & Engaged In The Business Of Promoter, Builder & Developer. For The Ay. 2017-18, The Assessee Filed Its Return Of Income On 31-10-2017 Declaring Total Income Of Rs. 1,96,73,750/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass. Accordingly Statutory Notices U/S. 143(2) & 142(1) Of The Act Along With Questionnaire Were Issued & Duly Served Upon The Assessee. In Response Thereto The Assessee Submitted Its Reply & After Considering The Same, The Ld. Assessing Officer (“Ao”) Completed The Assessment U/S.143(3) Of The Act, Vide His Order Dt. 24-12-2019 At An Assessed Income Of 2 Rs.2,97,85,368/- By Computing The Income Of The Assessee In The Following Manner:

For Appellant: Ms. Nisha LahotiFor Respondent: Ms. Bhavya. I.V. – Jt.CIT
Section 143(2)Section 143(3)Section 250Section 37(1)Section 40

Sapna Vipin Sethi, Auranagabad vs. ITO WD-1(5), Aurangabad

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 905/PUN/2026[2015-16]Status: DisposedITAT Pune31 Jul 2026AY 2015-16

Bench: Shri Rama Kanta Panda & Ms. Astha Chandraassessment Year : 2015-16 Sapna Vipin Sethi, Ito, Ward-1(5), Flat No.1, Aurangabad 2Nd Floor, Naraya Plaza, Vs. Lic Building, Cidco, B-Wing, Cidco Cannaught Cannaught Place No.5, Garden N-5, Cidco Jalgaon Road, Aurangabad. Aurangabad. Pan : Aptps1554H (Appellant) (Respondent) Assessee By : Shri Shubham Rathi (Virtual) Department By : Ms. Bhavya. I.V. – Jt.Cit Date Of Hearing : 24-06-2026 Date Of Pronouncement : 31-07-2026 O R D E R Per Astha Chandra, J.M.: The Appeal Filed By The Assessee Is Directed Against The Order Dated 02-01-2026 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac”], U/S. 250 Of The Income Tax Act, 1961 (The “Act”), Pertaining To Assessment Year (“Ay”) 2015-16. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is An Individual. She Did Not File Her Return Of Income For Ay. 2015-16. Based On The Information Available With The Department, It Was Found That The Assessee Had Entered Into Certain Transactions Relating To Purchase Of Immoveable Property & Deposit Of Cash In Her Savings Bank Account Maintained With Bombay Mercantile Co-Operative Bank Ltd., The Sources Of Which Remained Unexplained Due To Non-Filing Of Return By The Assessee. The Case Of The Assessee Was Thus Reopened U/S. 147 Of The Act By Issue Of Notice U/S. 148 Of The Act Dt. 07-04-2022. In Response To The Said Notice

For Appellant: Shri Shubham RathiFor Respondent: Ms. Bhavya. I.V. – Jt.CIT
Section 133(6)Section 142(1)Section 147Section 148Section 151ASection 249(3)Section 250Section 69A