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

Anjali Pareek, Kolkata vs. I.T.O., Ward-43(1), Kolkata

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

ITA 2830/KOL/2025[2017-18]Status: DisposedITAT Kolkata06 Feb 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2830/Kol/2025 Assessment Year: 2017-18 Anjali Pareek..…………………..………………....…………………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kol-700069.. [Pan: Cgppp7541E] Vs. Ito, Ward-43(1), Kolkata ...…….……....…..………………….…..... Respondent Appearances By: Shri Amit Shaw, Ar, Appeared On Behalf Of The Appellant. Shri Soumitra Ghosh, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 05, 2026 Date Of Pronouncing The Order : February 06, 2026 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Ld. Cit(A)”) Dated 02.09.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed The Return Of Income For The Assessment Year 2007–08 Declaring Total Income Of ₹7,13,900. The Case Was Selected For Scrutiny & Notices Under Sections 143(2) & 142(1) Of The Income-Tax Act, 1961 Were Duly Issued. During The Assessment Proceedings, The Assessing Officer Observed Cash Deposits Amounting To ₹32,51,500 In The Assessee’S Bank Account. Since The Assessee Could Not Satisfactorily Explain The Nature

Section 250Section 69A

Mhealth Ventures India P Ltd., Mumbai vs. ACIT Cir-15(2)(2), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 6175/MUM/2025[2016-17]Status: DisposedITAT Mumbai06 Feb 2026AY 2016-17

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2016-17 Mhealth Ventures India Pvt. Assistant Commissioner Ltd., Of Income Tax Circle 729H Raj Legacy, Lbs Marg, Vs. 15(2) (2), Andheri, Mumbai – 400083. Aaykar Bhavan, Maharshi Pan – Aagcm9200P Karve Road, Mumbai – 400020. (Appellant) (Respondent) Present For: Assessee By : Shri Viraj Mehta, Ca (Virtually Appeared) Revenue By : Shri Virabhadra Mahajan, Sr. D.R. Date Of Hearing : 21.01.2026 Date Of Pronouncement : 06.02.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 16.07.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2016-17. 2. In The Instant Case, The Assessing Officer, Vide Assessment Order Dated 28.12.2018 Passed Under Section 143(3) Of The Act, Has Made The Additions Of Rs.3,41,84,927/- & Rs.27,410/- Respectively Under Section 56(2)(Vii)(B) & Section 2(24)(X) As Deemed Income & Added The Same To The Income Of The Assessee. 2 Mhealth Ventures India Pvt. Ltd.

For Appellant: Shri Viraj Mehta, CAFor Respondent: Shri Virabhadra Mahajan, SR. D.R
Section 143(3)Section 2(24)(x)Section 250Section 56(2)(vii)