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

Belle Hospitality, Mumbai vs. ITO Ward 41(2)(1), Mumbai

In the result, Assessee’s appeal is allowed

ITA 5563/MUM/2025[2012-13]Status: DisposedITAT Mumbai17 Nov 2025AY 2012-13

Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 M/S. Belle Hospitality, Ito Ward 41(2)(1), Basement & Ground Floor, Kautilya Bhavan Filix Building Lbs Marg, Vs. Mumbai - 400051 Bhandup West, Mumbai – 400 078 Pan: Aakfb5304J (Appellant) (Respondent) Present For: Assessee By : Shri Dhaval Shah, Ld. A.R. Revenue By : Shri Praveen K. Srivastav, Ld. Sr. D.R. Date Of Hearing : 17.11.2025 Date Of Pronouncement : 17.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 28.04.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax Ddl/Jcit (A) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, The Ao Vide Order Dated 15.12.2016 U/S 143(3) Of The Act Has Made The Additions Of Rs.15,00,000/- & Rs.60,658/- For Unexplained Cash Credit/Non-Genuine Loans U/S 68 Of The Act & The Interest Paid Respectively, However, Allowed The Set Off Of Rs.10,16,395/- As Claimed By The Assessee. Subsequently, The Case Of The Assessee Was Reopened U/S 147 Of The Act By Issuing Notice Dated 23.01.2015 U/S 148 Of The Act, Which Resulted Into Passing The Reassessment Order Dated

For Appellant: Shri Dhaval Shah, Ld. A.RFor Respondent: Shri Praveen K. Srivastav, Ld. Sr. D.R
Section 115BSection 143(3)Section 147Section 148Section 250Section 68

Raheja Sherwood Cooperative Housing Society Ltd, Mumbai vs. ITO Ward 41(4)(3), Mumbai

Appeal is allowed for statistical purposes

ITA 5228/MUM/2025[2020-21]Status: DisposedITAT Mumbai17 Nov 2025AY 2020-21

Bench: Shri Narender Kumar Choudhryassessment Year: 2020-21 M/S. Raheja Sherwood Ito Ward 41 (4) (3), Cooperative Housing Society C41-43, G Block Bkc, Ltd., Gilban Area, Nirlon Compound, Vs. Bandra Kurla Complex, Western Express Highway, Bandra East, Goregaon East, Mumbai - 400051 Mumbai – 400063. Pan: Aabtr1763L (Appellant) (Respondent) Present For: Assessee By : Shri Kinjal Bhuta, Ld. A.R. Revenue By : Shri Praveen K. Srivastav, Ld. Sr. D.R. Date Of Hearing : 17.11.2025 Date Of Pronouncement : 17.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ 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. 2020-21. 2. In This Case, The Assessee Had Declared Its Total Income At Rs.38,15,171/- & Claimed The Deduction Of Rs. Rs.35,10,843/- U/S 80P(2)(D) Of The Act, By Filing Its Return Of Income For The A.Y Under Consideration On Dated 09/01/2021, Which Was Subsequently Selected For Complete Scrutiny Under Cass & Resulted Into Assessing The Income Of The Assessee To The Rs.17,16,067/- While Disallowing Of Deduction Claimed U/S 2 M/S. Raheja Sherwood Cooperative Housing Society Ltd.

For Appellant: Shri Kinjal Bhuta, Ld. A.RFor Respondent: Shri Praveen K. Srivastav, Ld. Sr. D.R
Section 139(5)Section 143Section 2Section 250Section 80P(2)(D)