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

Urusi Rahman, Kadma vs. ITO, Jamshedpur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 257/RAN/2025[2017-18]Status: DisposedITAT Ranchi18 Dec 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.257/Ran/2025 Assessment Year: 2017-18 Urusi Rahman….... …………….…….…............................……….……Appellant 88 New Rani Kodar, Line No.4, Po Kadma, Jamshedpur, Jharkhand- 831005. [Pan: Amxpr0867K] Vs. Ito, Jsr…..……………….....….…..….........……........……...…..…..Respondent Appearances By: Shri Shrawan Kr. Jha, Adv., Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 18, 2025 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 27.05.2025 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 Did Not File Any Return Of Income For The Assessment Year 2017–18. Subsequently, The Case Was Reopened Under Section 147 Of The Income-Tax Act, 1961 On The Basis Of Information Received By The Assessing Officer That The Assessee Had Purchased An Immovable Property For A Declared Consideration Of ₹10,00,000, Whereas The Value Adopted For Stamp Duty Purposes Was ₹25,75,000. It Was Alleged That The Provisions Of Section 56(2)(Vii)(B) Of The Act Were Applicable. Accordingly, Notice Under Section 133(6) Was Issued Calling Upon The Assessee To Explain The Reasons For Not Filing The Return Of Income & To Furnish Details Regarding The Purchase Of The Property. However, There Was No Compliance By The Assessee. Thereafter, Notice Under Section 148 Of The Act Was Issued After Obtaining The Requisite Prior Approval From The Competent Authority. During The Course

Section 133(6)Section 147Section 148Section 250Section 56(2)(vii)Section 69

Kuruganti Srivalli, Hyderabad vs. ACIT Central Circle, Dhanbad

In the result, the appeal filed by the assessee is allowed

ITA 84/RAN/2024[2021-22]Status: DisposedITAT Ranchi18 Dec 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.84/Ran/2024 Assessment Year: 2021-22 Kuruganti Srivalli….. …………….…….…............................……….……Appellant S3 & S4 Vasudha Enclave, Vinayak Nagar, Neredmet, Hyderabad, Telengana-500056. [Pan: Asipk8246J] Vs. Acit, Central Circle, Dhanbad....….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 18, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ci(A)-3, Patna (Hereinafter Referred To As “Ld. Cit(A)”) Dated 23.02.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That A Search & Seizure Operation Under Section 132(1) Of The Income-Tax Act, 1961 Was Conducted On The Premises Of The Atibir Group Of Cases. Simultaneously, Survey Proceedings Under Section 133A Of The Act Were Also Carried Out At Certain Business Premises Of The Group. In The Case Of The Assessee, Proceedings Were Initiated On 17.03.2021. The Assessee Filed Her Return Of Income Declaring Total Income Of ₹10,85,410. Thereafter, Notices Under Sections 143(2) & 142(1) Of The Act Were Duly Issued & Served. In Response, The Assessee Appeared & Filed Submissions During The Course Of Assessment Proceedings. During The Search, The Locker Maintained With Axis Bank Was Opened & Statements Of The Husband

Section 131Section 132(1)Section 133ASection 250

Anil Kumar Mandal, Fatehpur, Sahibganj vs. ITO, Sahibganj

In the result, the appeal of the assessee is partly allowed

ITA 461/RAN/2024[2016-17]Status: DisposedITAT Ranchi18 Dec 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.461/Ran/2024 Assessment Year: 2016-17 Anil Kumar Mandal.. …………….…….…............................……….……Appellant Fathepur, Balapokhar Rajmahal, Jharkhand-816109. [Pan: Bkhpm1302H] Vs. Ito, Sahibganj……………….....….…..….........……........……...…..…..Respondent Appearances By: Shri R R Mittal, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 18, 2025 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 23.10.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That, Based On Information Available With The Assessing Officer, It Was Found That The Assessee Had Deposited Cash Amounting To ₹44,73,800 In A Savings Bank Account During The Relevant Assessment Year. On Account Of Such Cash Deposits, The Case Of The Assessee Was Reopened Under Section 147 Of The Income-Tax Act, 1961 After Recording Reasons & Obtaining The Necessary Approval From The Competent Authority. Consequently, Notice Under Section 148 Of The Act Was Issued To The Assessee For Filing The Return Of Income. However, The Assessee Did Not File The Return Of Income Nor Complied With The Notices Issued Under Section 142(1) Of The Act. In The Absence Of Any Compliance, The Assessing Officer Completed The Assessment Ex Parte & Treated The Entire Cash Deposit Of ₹44,73,800 In The Savings Bank Account As

Section 142(1)Section 147Section 148Section 250Section 69A

Shankar Polmersetty, Bagbera Kitadih vs. ITO Ward 3(1), Jamshedpur

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

ITA 454/RAN/2024[2018-19]Status: DisposedITAT Ranchi18 Dec 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.454/Ran/2024 Assessment Year: 2018-19 Shankar Polmersetty.... …………….…….…............................……….……Appellant H.No.12, Gel Church Mohlla, Gurudwara Road, Tatanagar, Ps Bagbera, Kitadih, Jharkhand- 831002. [Pan: Ajspp1582B] Vs. Ito, Ward-3(1), Jamshedpur.….....….…..….........……........……...…..…..Respondent Appearances By: Shri Shrawan Kr. Jha, Adv., Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2025 Date Of Pronouncing The Order : December 18, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Cit(A)”) Dated 12.11.2024 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 Assessment In The Case Of The Assessee Was Completed By Making An Addition Of ₹12,21,500 Under Section 56(2)(X) Of The Income-Tax Act, 1961. The Assessing Officer Noted That The Assessee Purchased A Flat For A Consideration Of ₹9,35,000, Whereas The Stamp Duty Value Adopted By The Stamp Valuation Authority Was ₹21,56,500. Accordingly, The Difference Was Treated As Income Under Section 56(2)(X) Of The Act. The Assessee Submitted That The Booking Of The Flat Was Made On 28.06.2010 & An Advance Payment Of ₹51,000 Was Made Through Account Payee Cheque On The Date Of Agreement. It Was Further Contended That The Property Is Situated In A Rural Area & The Stamp Duty Value As On The Date Of Agreement Was Much Lower Than

Section 250Section 56(2)(x)

Assistant Commissioner of Income Tax, Central Circle, Jamshedpur vs. Kilburn Management Services Private Limited, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 444/RAN/2024[2015-16]Status: DisposedITAT Ranchi18 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.444/Ran/2024 Assessment Year: 2015-16 Acit, Jamshedpur…….... …………….…….…............................……….……Appellant Vs. Kilburn Management Services Pvt. Ltd..…..….........……........……...…..…..Respondent 119, 4Th Floor, D Block, White House, Park Street, Kol-700016. [Pan: Aabck1160H] Appearances By: Shri Sumit Dasgupdta, Sr. Dr, Appeared On Behalf Of The Appellant. Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2025 Date Of Pronouncing The Order : December 18, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Revenue Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Ld. Cit(A)”) Dated 25.09.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. At The Time Of Hearing, The Ld. Dr Submitted That Although The Tax Effect Involved In The Present Appeal Is Below The Monetary Limit Prescribed Under Cbdt Circular No. 9 Of 2024, The Case Falls Under The Exception Clause Provided In The Circular And, Therefore, The Appeal Of The Revenue Deserves To Be Adjudicated On Merits. 3. Per Contra, The Ld. Ar For The Assessee Strongly Objected To The Said Submission & Contended That Cbdt Circular No. 9 Of 2024 Prescribes The Monetary Limit Of ₹60,00,000 For Filing Appeals Before The Tribunal & In The Present Case, The Tax Effect Is Only ₹15,74,009/-, Which Is Far Below The Prescribed Limit. Even, The Case Of The Present Assessee Does Not Fall Under Any Of The Exceptions Clause Enumerated In The Said

Section 145Section 147Section 250

Sharad Sarawgi, Giridih vs. ACIT, C. C., Dhanbad

In the result, the appeal filed by the assessee is allowed

ITA 424/RAN/2024[2021-22]Status: DisposedITAT Ranchi18 Dec 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.424/Ran/2024 Assessment Year: 2021-22 Sharad Sarawgi….... …………….…….…............................……….……Appellant Sarawgi Sadan, Dumri Road, Giridih, Jharkhand- 815301. [Pan: Acspj2613G] Vs. Acit, C.C-Dhanbad………….....….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 18, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ci(A)-3, Patna (Hereinafter Referred To As “Ld. Cit(A)”) Dated 12.09.2024 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 Is Part Of The Saraogi Group. A Search & Seizure Operation Under Section 132(1) Of The Income-Tax Act, 1961 Was Conducted On The Group On Various Dates, Along With A Survey Under Section 133A Of The Act At Certain Business Premises Of The Group. During The Course Of Search, Cash Aggregating To ₹2,15,50,000 Was Found From The Bedroom Of Shri Santosh Kumar Saraogi. In The Statement Recorded Under Section 132(4), It Was Stated That Cash Of ₹21,20,000 Belonged To The Present Assessee, While The Balance Amount Belonged To Other Concerns. The Assessee Filed Its Return Of Income Under Section 139(1) For Ay 2021–22 Declaring Total Income Of ₹4,66,180. Subsequently, Notices Under Sections 143(2) & 142(1) Were

Section 131Section 132(1)Section 132(4)Section 133ASection 139(1)Section 143(3)Section 153ASection 250Section 69A