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

Income Tax Officer, Ward - 3(1), Pune vs. Sachin Govind Apte, Pune

Accordingly, Grounds of appeal raised by the Revenue are dismissed

ITA 1720/PUN/2025[2013-14]Status: DisposedITAT Pune03 Feb 2026AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1720/Pun/2025 निर्धारण वषा / Assessment Years: 2013-14 The Income Tax Officer, V Sachin Govind Apte, Ward-3(1), Pune. S. 759-63, Prabhat Road, Erandwana, Pune – 411004. Pan: Aavpa9458P Appellant/ Revenue Respondent /Assessee Assessee By Ms.Vaishnavi Badwe Revenue By Shri Amit Bobde - Cit(Dr) Date Of Hearing 16/12/2025 Date Of Pronouncement 03/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2013-14 Dated 15.05.2025 Emanating From The Assessment Order Passed Under Section 143(3) Of The Act, Dated 30.03.2016. The Revenue Has Raised The Following Grounds Of Appeal : “1. Whether On The Facts & Circumstances Of The Case & In Law The Hon'Ble Cit (A) Was Justified In Deleting The Addition Of Rs.78,72,000/- Made Under Head Stcg & Disallowance Of Deduction U/S 54F Of The It. Act, 1961? 2. Whether On The Facts & Circumstances Of The Case & In Law The Hon‟Ble Cti (A) Was Justified In Deleting The Addition Of Rs.1,20,00,000/- Made On Account Of Deemed Dividend U/S Section 2(22)(E) Of The I.T. Act, 1961?

Section 143(3)Section 2(22)(e)Section 250Section 54F

Jalpaiguri Zilla Regulated Market Committee, Jalpaiguri vs. Income Tax Officer, Ward 1(1), Jalpaiguri

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

ITA 2732/KOL/2025[2016-17]Status: DisposedITAT Kolkata03 Feb 2026AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2732/Kol/2025 Assessment Year: 2016-17 Jalpaiguri Zilla Regulated Market Committee..…………………..………………....…………………....Appellant Jalpaiguri Sadar, Jalpaiguri, W.B 735101.. [Pan: Aacaj0159Q] Vs. Ito, Ward-1(1), Jalpaiguri...…….……....…..………………….…..... Respondent Appearances By: Shri Pradeep Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Satyajit Mandal, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 02, 2026 Date Of Pronouncing The Order : February 03, 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 19.09.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That In The Case Of The Assessee Information Was Received By The Assessing Officer That The Assessee Had Deposited Substantial Cash In Its Savings Bank Account Maintained With Indian Overseas Bank During The Assessment Year 2016–17. It Is An Admitted Fact That The Assessee Did Not File Any Return Of Income Under Section 139(1) Of The Income-Tax Act, 1961. Accordingly, Proceedings Under Section 148A Of The Act Were Initiated. Show-Cause Notice Under Section 148A(B) Was Issued & Thereafter An Order Under Section

Section 10Section 139(1)Section 142(1)Section 148Section 148ASection 250

Rohit Kumar, Income Tax Officer, Ward-12(1), Kolkata vs. M/S. the United Provinces Sugar Company Pvt Ltd, Kolkata

ITA 1130/KOL/2025[2024-25]Status: DisposedITAT Kolkata03 Feb 2026AY 2024-25

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2024-25 Ito, Ward-12(1), Kolkata…..……..……….………….……….……….……Appellant Vs. M/S The United Provinces Sugar Company Pvt. Ltd.…….....……...…..…..Respondent 1St Floor, Chartered Bank Building, 4, Netaji Subhash Road, Kol-1. [Pan: Aaact4947L] Appearances By: Shri S B Chakraborthy, Addl. Cit, Appeared On Behalf Of The Appellant. Shri J P Khaitan, Sr. Counsel, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 20, 2025 Date Of Pronouncing The Order : February 03, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 28.03.2025 Of The Addl/Jcit(A)-9, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2024–25. 2. Brief Facts Of The Case Are That During The Year Under Consideration, The Assessee Filed Its Return Of Income On 11.10.2024 Claiming A Refund Of Rs.15,61,200/- Pursuant To Set-Off Of Brought Forward Business Loss Against The Returned Income. Intimation Order U/S. 143(1) Of The Act Was Directly Passed On 01.11.2024, Assessing A Refund Of Rs.16,22,410/- & Allowing Setoff Of Brought Forward Loss Against Income As Done In The Return Of Income. However, The Order Did Not Capture The Schedule Of Carry Forward Business Loss & Unabsorbed Depreciation For Earlier Years. M/S The United Provinces Sugar Company Pvt. Ltd 3. Aggrieved By The Above Order, The Assessee Filed Appeal Before The Ld. Cit(A) Wherein The Ld. Cit(A) Allowed The Appeal Of The Assessee By Observing As Under:

Section 143(1)Section 143(1)(a)Section 250