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

Co-Operative Cane Development Union Limited, Lakhimpur Kheri vs. Assessment Unit/ACIT, Sitapur

ITA 916/LKW/2025[2022-23]Status: DisposedITAT Lucknow25 May 2026AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2022-23 Cooperative Cane Development Vs. Assessment Unit, Income Tax Union Ltd., Maholi, C/O Ayyubi Department/Assistant Chamber, Raniganj, Lakhimpur Commissioner Of Income Tax- Kheri-262001, U.P. Sitapur, U.P. Pan: Aaatc4152F (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. & Sh. K.R. Rastogi, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 03.03.2026 Date Of Pronouncement: 25.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 31.10.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Assessing Officer Passed Under Section 143(3), For The A.Y. 2022-23, On 6.03.2024. The Grounds Of Appeal Are As Under:- “(1) That Notice U/S 143(2) Of I. T. Act Has Been Issued By Assessment Unit. Income Tax Department, Dated 02-06-2023 Who Have No Jurisdiction To Issue The Same In View Of Cbdt Circular / Notification Dated 29.03.2022 Wherein It Has Been Specifically Enumerated That The Npac Has Exclusive Power To Issue The Notice U/S 148 Of L. T. Act, 1961, Hence The Present Assessment Is Invalid As Per Law. (2) That The Ld. C.I.T. (A) Erred On Facts & In Law In Not Allowing Deduction U/S 80P(2)(A)(Ii) & 80P(2)(1) Of L. T. Act On Interest Received On Investments Held With Banks In Form Of F.D.R.'S & Interest On Saving Bank Account Rs. 8484711/-

For Appellant: Sh. Shubham Rastogi, C.A. & Sh. K.RFor Respondent: Sh. Amit Kumar, DR
Section 142(1)Section 143(2)Section 143(3)Section 148Section 250Section 80PSection 80P(2)(a)

Gahoi Vaishya Kalyan Samiti, Kanpur vs. Income Tax Officer (Exemption), Kanpur

In the result, the appeal of the assessee is allowed

ITA 635/LKW/2025[2015-16]Status: DisposedITAT Lucknow25 May 2026AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Gahoi Vaishya Kalyan Samiti, Vs Income Tax Officer 128/398 ‘K’ Block, Kidwai (Exemption), “Aayakar Bhawan” Nagar, Kanpur Nagar-208011 16/69, Civil Lines, Kanpur- 208001 Pan: Aabtg5990Q (Appellant) (Respondent) Assessee By: Sh. U.S. Gupta, Advocate Revenue By: Sh. Shaurya Shashwat Shukla, Cit Dr Date Of Hearing: 09.03.2026 Date Of Pronouncement: 25.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit, Nfac Wherein The Ld. Cit(A), Vide His Order Under Section 250 Of The Income Tax Act, 1961 Dated 30.07.2025, Has Dismissed The Appeal Filed By The Assessee Against The Order Of The Assessing Officer Passed Under Section 147 For The Assessment Year 2015-16, On 28.03.2022. The Grounds Of Appeal Are As Under:- “1. Because In The Facts & Circumstances Of The Case The Ld. Cit(A), (Nfac) Erred In Law In Upholding The Issuing Notice By Ao Under Section 148 & In Making Assessment Without Disposing By Reasoned Order Of Our Objections To The Reopening Of The Case. 2. Because In The Facts & Circumstances Of The Case The Ld. Cit(A), (Nfac) Erred In Law & On Facts In Confirming The Addition Of Rs. 4,00,16, 602/- Made By Ao For The Reason That This Is Not Disclosed In Schedule-I Of Itr Ignoring The Fact That Schedule-I Of Itr Is Not Applicable To The Amount Of Deemed Application Under Clause (2) Of Explanation To Section 11(1) Of The I.T. Act, 1961. 1 A.Y. 2015-16 Gahoi Vaishya Kalyan Samiti 3. Because The Notice Of Demand & Assessment Order Appealed Against Is Contrary To Facts, Law & Principles Of Natural Justice. 4. The Appellant Craves Leave To Add, Amend, Alter, Modify Or Withdraw Any Ground Of Appeal During The Course Of Hearing & Until Disposal Of This Appeal.”

For Appellant: Sh. U.S. Gupta, AdvocateFor Respondent: Sh. Shaurya Shashwat Shukla, CIT DR
Section 11(1)Section 11(2)Section 147Section 148Section 250

M/S. Triveni Handlooms Limited, Kanpur vs. Income Tax Officer, Kanpur

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

ITA 279/LKW/2025[2018-19]Status: DisposedITAT Lucknow25 May 2026AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 M/S. Triveni Handlooms Ltd., Vs The Income Tax Officer, Ward- A-27, Am Jaipuria Road, Cantt, 2(3)(1), Aaykar Bhavan, 16/69, Kanpur-208004 Civil Lines, Kanpur-01 Pan: Aaact5391E (Appellant) (Respondent) Assessee By: Sh. Ashish Jaiswal, Advocate Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 28.04.2026 Date Of Pronouncement: 25.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Wherein, Vide His Order Passed Under Section 250 Of The Income Tax Act, 1961, Dated 13.02.2025, The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Passed By The Ld. Ao Under Section 147 R.W.S. 144(4) For The A.Y. 2018-19 On 23.03.2023. The Grounds Of Appeal Are As Under:- “1. That The Id. Ad Has Erred In Reopening & Completing The Reassessment Proceeding In Violation To Mandatory Requirement Under Section 151A Of The Income Tax Act. 1961. 2. That The Id. Ao Has Erred In Reopening & Completing The Reassessment Proceeding U/S 148 & Section 147 R.W.S. 1448 & 144 Of The Income Tax Act, 1961 Without Lawful Jurisdiction. 3. That The Id. Ao Has Erred In Reopening & Completing The Reassessment Of The Appellant On The Reason To Believe Formed On The Basis Of Incorrect Information From The Insight Portal.

For Appellant: Sh. Ashish Jaiswal, AdvocateFor Respondent: Sh. Amit Kumar, DR
Section 147Section 148Section 151ASection 250Section 69A