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

Ab Rephcons Infrastructure Pvt. Ltd., Delhi vs. ITO, Ward 1(1), New Delhi

In the result, the appeal of the Assessee is allowed

ITA 2629/DEL/2026[2019-20]Status: DisposedITAT Delhi02 Jul 2026AY 2019-20

Bench: Shri Mahavir Singh & Shri Manish Agarwalab Rephcons Income Tax Officer, Infrastructure Pvt. Ltd. Ward-1(1), (Non-Existing Entity Vs. New Delhi-11 Through Ex-Director Mr. Sachin Nagar) Pan-Aagca4141D (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Ms. Uma Upadhyay, Ca Shri Tarun Sharda, Sr. Dr Department By Date Of Hearing 29/06/2026 Date Of Pronouncement 29/06/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Ld. Cit(A)] Dated 15.01.2026 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) Arising Out Of The Penalty Order Passed U/S 271Aac(1) Of The Act Dated 09.08.2024 For Assessment Year 2019-20. 2. Heard Both The Parties & Perused The Materials Available On Record. It Is Observed That The Present Appeal Is Filed Against The Levy Of Penalty U/S 271Aac(1) Of The Act Whereas The Assessment Order Passed U/S 147 R.W.S144 Read With Section 144B Of The Act Dated 19.02.2024 Has Already Been Set Aside By The Ld. Cit(A) To Ab Rephcons Infrastructure Pvt. Ltd. Vs. Ito The File Of The Ao For Fresh Consideration In Terms Of The Order Passed U/S 250 Of The Act Dated 03.03.2025. As The Order In Which The Present Penalty Proceedings Were Initiated Has Been Set Aside To The Ao For Fresh Assessment, The Consequent Penalty Proceedings Has No Legs To Stand And, Therefore, Penalty So Levied U/S 271Aac (1) Of The Act Is Hereby Deleted. However, The Ao Is At Liberty To Re-Initiate The Penalty Proceedings U/S 271Aac(1) Of The Act, If The Circumstances Suggested So In The Set Aside Assessment Proceedings. With This Appeal Of The Assessee Is Allowed.

Section 144BSection 147Section 250Section 271A

Income Tax Officer, Ward-46(1), New Delhi vs. Yogesh Batra, New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 7643/DEL/2025[2017-18]Status: DisposedITAT Delhi02 Jul 2026AY 2017-18

Bench: Shri Mahavir Singh & Shri Manish Agarwalincome Tax Officer, Yogesh Batra, Ward-46(1), 104, Deshbandhu New Delhi. Vs. Apartment, Alaknanda, South Delhi, New Delhi-110019. Pan-Aaipb3266H (Appellant) (Respondent) Assessee By Ms. Vibhooti Malhotra, Adv. Shri Ankit Khnaduri, Adv. Shri Tarun Sharda, Sr. Dr Department By Date Of Hearing 29/06/2026 Date Of Pronouncement 29/06/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Ld. Cit(A)] Dated 10.10.2025 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) Arising Out Of The Assessment Order Passed U/S 143(3) R.W.S 147 Of The Act Dated 29.03.2025 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 28.03.2018 Declaring Total Income At Rs.17,92,940/-. Based On The Information Received From The Investigation Wing, Chandigarh That The Assessee Has Entered Into Cash Transactions Of Rs. 1,00,00,000/- With Omaxe Group Towards The Ito Vs. Yogesh Batra Purchase Of Property At “The Forest Spa” Project Of Omaxe Group In Faridabad, The Case Of The Assessee Was Reopened By Issue Of Notice U/S 148 On 13.03.2024. Thereafter, The Reassessment Order Was Passed Dated 29.03.2025 After Making Addition Of Rs. 1,00,00,000/- U/S 69 R.W.S 115Bbe By Holding That Assessee Has Made Unexplained Investment In Cash Of The Said Sum Towards Acquisition Of Property.

Section 143(3)Section 147Section 148Section 250Section 69

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6310/DEL/2025[2015-16]Status: DisposedITAT Delhi01 Jul 2026AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6282/DEL/2025[2014-15]Status: DisposedITAT Delhi01 Jul 2026AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6281/DEL/2025[2013-14]Status: DisposedITAT Delhi01 Jul 2026AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250