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

Vimal Pukhraj Jain, Mumbai vs. Income Tax Officer 42(1)(5), Mumbai

In the result, appeal of the assessee is allowed

ITA 4305/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhrivimal Pukhraj Jain Income Tax Officer Ward 806, Dheeraj Enclave, Borivali East, Vs. 42(1)(5) Opp. Bhor Industries, Mumbai Kautilya Bhavan, Bkc, 400066 Mumbai 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaipj6511H (Appellant) (Respondent) निर्ााररती की ओर से / Assessee By: Shri. Pankaj Jain/ Ms. Karuna Kurle Shirdhankar /Revenue By: Ms. Kavita P. Kaushik Sr. Dr Date Of Hearing 18.08.2025 Date Of Pronouncement 25.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As "Cit(A)"] Dated 14.02.2023 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “On The Facts & In The Circumstances Of The Case & In Law The Ld. Commissioner Of Income Tax (Appeals) –Nfac Has Confirmed The Penalty Of Rs. 50,000/- Levied By The Assessing Officer By Invoking Provisions Of Section 272A(1)(D) Of The Income Tax Act, 1961 For Non-Compliance Of The Notices.” 3. At The Outset, It Is Notice That There Is A Delay In Filling Appeal Of 807 Days. The Assessee Has Filed An Affidavit Explaining The Reasons For The P A G E | 2

For Appellant: Shri. Pankaj Jain/ Ms. KarunaFor Respondent: Ms. Kavita P. Kaushik SR. DR
Section 143(3)Section 250Section 272ASection 272A(1)(d)

Sangeet Gupta, Satna vs. Income Tax Officer Ward-1, Satna

In the result, the appeal is allowed for statistical purposes

ITA 83/JAB/2025[2018-19]Status: DisposedITAT Jabalpur24 Sept 2025AY 2018-19

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2018-19 Sangeeta Gupta, Vs. Income Tax Officer, Ludhati, Itama, Maihar, Satna Ward-1, Satna Pan:Bdipg5378M (Appellant) (Respondent) Assessee By: Sh. Dhiraj Ghai, Ca Revenue By: Sh. N.M. Prasad, Sr. Dr Date Of Hearing: 21.08.2025 Date Of Pronouncement: 24.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 18.02.2025 Dismissing The Appeal Of The Assessee In Limine. The Grounds Of Appeal Are As Under:- “1. On The Facts & Circumstance Of The Case, The Ld. Cit(A) Erred In Not Considering The Case As Bad In Law, As Has Been Initiated By Jao Instead Of Faceless. 2. On The Facts & Circumstances Of The Case, Case, The Id. Cit (A) Erred In Not Considering The Case As Bad In Law On Account Of Not Giving Sufficient Time Of 30 Days To Assessee To Reply The Notice Under Section 148A(B). 3. On The Fact & Circumstance Of The Case, The Id. Cit (A) Has Erred In Law As Well As On The Fact Of The Case In Dismissing The Appeal In Liming Without Condoning The Delay Even When There Exist Reason & Sufficient Cause Behind The Delay So Caused Was Beyond The Control Of The Appellant. 4. The Id. Cit (A) Erred In Law As Well As On The Fact Of The Case In Confirming The Addition Of 21,23,97,680/- Credited In The Bank Account Of The Assessee In Cash Form Without Considering The Fact That Assessee Duly Uploaded The Audit Report On E-Portal, Confirming The Source Of Cash. Further Id. Cit (A) Also Erred In Not Considering The Reply Filed In The Appeal Proceeding, As Well As In The Assessment Proceeding By Assessee, To Dismiss The Appeal Being Filed Beyond Allowable Time Having Sufficient Cause.

For Appellant: Sh. Dhiraj Ghai, CAFor Respondent: Sh. N.M. Prasad, Sr. DR
Section 115Section 142(1)Section 144Section 148Section 148ASection 234BSection 250Section 271ASection 69A

Landmark Developers, Satna vs. Assistant Commissioner of Income Tax, Katni

In the result, the appeal is allowed for statistical purposes

ITA 78/JAB/2025[2018-19]Status: DisposedITAT Jabalpur24 Sept 2025AY 2018-19

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2018-19 Landmark Developers, Vs. National E-Assessment Centre Blooms Campus, N.H. 75, Panna Road, Satna-485001, M.P. Pan:Aaefl2527R (Appellant) (Respondent) Assessee By: Sh. Sanjay Mishra, Advocate Revenue By: Sh. N.M. Prasad, Sr. Dr Date Of Hearing: 21.08.2025 Date Of Pronouncement: 24.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 Dated 18.02.2025 In Which The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Filed Against The Order Of The Ld. Ao Under Section143(3) R.W.S. 143(3A) & 143(3B) On 14.04.2021. The Grounds Of Appeal Are As Under:- “1. That, The Assessment Order Has Been Passed By Nfac & No Designation Of Ao Is Mentioned In The Assessment Order Which Is Illegal & Unjustified. 2. That, The Digital Signature In The Assessment Order Are Not Verified & It Does Not Amount To Signing Of Assessment Order By Ao. Hence, The Whole Assessment Order Deserves To Be Set Aside. 3. That, The Ld. Cit Appeal Is Unjustified In Holding The Addition Of Rs. 30,03,163.00 By Applying Sec. 43Cb Of The Act Without The Considering The Fact That Same Is Not Applicable To The Project Started Prior To 01.04.2017. 4. That Sec 43Cb Is Applicable Only Where There Agreement Exist Between The Land Owner & Developer Whereas In The Present Case The Assessee Firm Itself Carrying

For Appellant: Sh. Sanjay Mishra, AdvocateFor Respondent: Sh. N.M. Prasad, Sr. DR
Section 143(3)Section 250Section 43C