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

Ramkrishna Casting Solutions Ltd., Jharkhand vs. DCIT, Circle 7(1), Kolkata

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

ITA 253/KOL/2026[2021-2022]Status: DisposedITAT Kolkata28 Apr 2026AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2021-22 Ramkrishna Casting Solutions Ltd....………..............................……….……Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kol-69. [Pan: Aaacj7282Q] Vs. Dcit, Circle -7(1),Kolkata…..………..….……………………...……...…..…..Respondent Appearances By: Shri Subash Agrawal, Adv., Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :April 23, 2026 Date Of Pronouncing The Order : April 28,2026 Order Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Nfac, Delhi (Hereinafter Referred To As The “Ld. Cit(A)”] Dated 18.11.2025Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For The A.Y 2021-22. 2. At The Outset, We Find That The Ld. Cit(A) Dismissed The Appeal In Limine Without Deciding The Issues On Merits By Not Condoning The Delay Of 158 Days In Filing The Appeal. We Find That In Form 35 That The Assessee Submitted That The Delay Was Occurred Due To Ill-Health Of Ld. Ar Of The Assessee Company When The Order Was Passed. Considering The Same, We Condone The Delay In Filing The Appeal Before The Ld. Cit(A) & In The Interest Of Justice, Restore The Issues In The Appeal To The File Of The Ld. Cit(A)With A Direction To Re-Adjudicate The Issues Afresh On Merits After Affording Adequate Opportunity Of Being Heard To The Assessee. The Assessee Is Directed To Comply All The Notices & Submit All The Relevant Details Before The Ld. Cit(A) To Prove His Case.

Section 250

Shivbhumi Traders Pvt. Ltd., Kolkata vs. ITO, Ward 12(1), Kolkata

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

ITA 247/KOL/2026[2011-2012]Status: DisposedITAT Kolkata28 Apr 2026AY 2011-2012

Bench: Shri Rajesh Kumar, Accountantmember & Shri Pradip Kumar Choubey, Judicialmember Assessment Year: 2011-12 Shivbhumi Traders Pvt. Ltd...……..………………….……….……….……Appellant 2E, Cornfield Road, Kol-700019. [Pan: Aaocs1697L] Vs. Ito, Ward-12(1), Kolkata…...……...…………………….....……...…..…..Respondent Appearances By: Shri Abhijit Ghosal, Adv., Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Sr. Dr,Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :April 23, 2026 Date Of Pronouncing The Order :April 28 , 2026 Order Perpradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.11.2025 Of The Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011– 12. 2. After Hearing The Rival Contentions, We Find That The Quantum Appeal Of The Assessee Has Been Restored To The File Of The Assessing Officer Vide Order Dated 21.04.2025 In Ita No.771/Kol/2023 & The Copy Of The Order Is Available At Page 62 Of The Paper-Book. Considering The Same, The Consequential Penalty U/S 271(1)(C) Involved In The Present Appeal Is Deleted & The Appeal Is Also Restored To The File Of The Assessing Officer With A Liberty To The Assessing Officer To Initiate Penalty Proceedings As He Deems Fit. 3. In The Result, The Appeal Of The Assessee Is Allowed For Statistical Purposes.

Section 250Section 271(1)(c)

Rama Dealcom Pvt. Ltd., Maharashtra vs. I.T.O., Ward - 10(2), Kolkata

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

ITA 3109/KOL/2025[2012-2013]Status: DisposedITAT Kolkata28 Apr 2026AY 2012-2013

Bench: Shri Rajesh Kumar, Accountantmember & Shri Pradip Kumar Choubey, Judicialmember Assessment Year: 2012-13 Rama Dealcom Pvt. Ltd…..………...………..............................……….……Appellant A 102 A Wing Hillview Chs Ltd, Jp Road, Near Navrang Cinema Andheri West, Mumbai-400058. [Pan: Aafcr0713H] Vs. Ito, Ward-10(2),Kolkata..………..….……………………...……...…..…..Respondent Appearances By: Shriamit Agrawal, Adv., Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :April 23, 2026 Date Of Pronouncing The Order : April 28Th , 2026 Order Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Nfac, Delhi (Hereinafter Referred To As The “Ld. Cit(A)”] Dated 21.10.2025Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For The A.Y 2012-13. 2. At The Outset, We Note That The Appellate Order Passed By The Ld. Cit(A) Is Ex Parte Where The Assessee Did Not Get Proper Opportunities To Produce Relevant Documents. We Also Note That Before The Assessing Officer Also, The Assessee Failed To Make Proper Compliance. Under The Circumstances, In Our View, The Interest Of Justice Would Be Well-Served If The Appeal Is Restored To The File Of The Assessing Officer With A Direction To Decide The Same On Merits After Affording Adequate Opportunity Of Being Heard To The Assessee. The Assessee Is Directed To Comply All The Notices & Submit All The Relevant Details Before The Assessing Officer To Prove Its Case.

Section 250

DCIT, Circle-1, Siliguri vs. Ahinsa Vanijya Private Limited, Siliguri

In the result, both the appeals of the revenue are dismissed

ITA 2224/KOL/2025[2013-14]Status: DisposedITAT Kolkata28 Apr 2026AY 2013-14

Bench: Shri Rajesh Kumar, Accountantmember & Shri Pradip Kumar Choubey, Judicialmember Ita Nos.2224 & 2225/Kol/2025 Assessment Years: 2013-14 & 2014-15 Dcit, Circle-1, Siliguri….…………......…….…….……….……….……Appellant Vs. Ahinsa Vanijya Pvt.Ltd...……………….…………….....……...…..…..Respondent 10 Church Road Siliguri-734001. [Pan: Aagca7580E] Appearances By: Shri Pankaj Pandey, Addl. Cit-Sr. Dr,Appeared On Behalf Of The Appellant. Shri Soumitra Choudhury &Pranabesh Sarkar, Advocates,Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :April 23, 2026 Date Of Pronouncing The Order :April 28 , 2026 Order Perpradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Revenue Against Separate Orders Both Dated 11.07.2025 Of The Nfac, Delhi [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Both The Appeals Relate To The Same Assessee & Common Issues Are Involved, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. We Take Ita No.2224/Kol/2025 As Lead Case & The Decision Of This Appeal Will Apply Mutatis Mutandis To Ita No.2225/Kol/2025. 2. At The Time Of Hearing, The Ld. Ar Submits That The Appeal Filed By The Revenue Is Below The Monetary Limit As Per Circular No.9/2024 Dated 17.09.2024 Issued By Cbdt As The Tax Effect Involved In This Appeal Is Rs.48,83,625/-. Therefore, The Ld. Ar Submitted That The Appeal May Be Dismissed.

Section 250