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

Bhattacharya Rubber Works (1964) Pvt. Ltd., Kolkata vs. I.T.O., Ward - 8(1), Kolkata

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

ITA 2084/KOL/2024[2017-2018]Status: DisposedITAT Kolkata22 Apr 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.2084/Kol/2024 Assessment Year: 2017-18 Bhattacharya Rubber Works (1964) Pvt. Ltd …….………………....Appellant 965, Jessore Road, Dum Dum, Kolkata-700055. [Pan: Aabcb8997M] Vs. Ito, Ward-8(1), Kolkata ……............................................…..…..... Respondent Appearances By: Shri Deep Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Altaf Hossain, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 16, 2025 Date Of Pronouncing The Order : April 22, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.08.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is A Private Limited Company. As Per Information Available With Income Tax Department, The Assessee Had Sold An Immovable Property For Rs.5,70,13,000/- During The F.Y 2016-17 Relevant To A.Y. 2017-18. Based On The Information, The Assessing Officer Believed That Income Had Escaped Assessment & Therefore, The Case Of The Assessee Was Reopened U/S 147 Of The By Issuing A Notice U/S 148 On 23.03.2021 With The Approval Of The Competent Authority. However, The Assessee Did Not File Return Of Income In Compliance To The Notice Issued U/S 148 Of The Act. Furthermore, A Questionnaire U/S 142(1) Dated 18.11.2021 Was Issued

Section 142(1)Section 144Section 147Section 148Section 250

R D Tea Limited, Kolkata vs. A.C.I.T., Circle - 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1555/KOL/2024[2012-2013]Status: DisposedITAT Kolkata22 Apr 2025AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1555/Kol/2024 Assessment Year: 2012-13 R D Tea Limited……………………..……………………………..………….……Appellant Dhandhania House, 2Nd Floor, 4, Middleton Street, Kolkata – 700071. [Pan: Aabcr3010M] Vs. Acit, Circle-4(1), Kolkata…..……....….….. ……………….........……...…..…..Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2025 Date Of Pronouncing The Order : April 22, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is Company Filed Its Original Return Of Income For The Assessment Year 2012-13 On 30.09.2012 By Declaring A Total Income Of Rs.67,34,990/-. The Case Of The Assessee Was Assessed U/S 143(3) Of The Act Vide Order Dated 19.03.2015 By Assessing Total Income Of Rs.86,23,780/- Which Was Subsequently Rectified U/S 154 Of The Act On 27.04.2015 By Assessing Total Income Of Rs.83,90,960/-. Thereafter, The Case Of The Assessee Was Reopened U/S 147 Of The Act By Issuing A Notice U/S 148 Of The Act On 27.03.2019 After Obtaining Approval From The Competent Authority. In Response To Such Notice, The Assessee Filed Its Return Of Income Again Declaring The Same Income As Earlier I.E. Rs.67,34,990/-. During The

Section 143(2)Section 143(3)Section 147Section 148Section 154Section 250Section 68

Assam Infrastructure Financing Authority, Guwahati vs. The Deputy Commissioner of Income Tax, Circle - 2 (Exemption), Kolkata

The appeal of the assessee is allowed

ITA 1223/KOL/2024[2015-16]Status: DisposedITAT Kolkata22 Apr 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1223/Kol/2024 Assessment Year: 2015-16 Assam Infrastructure Financing Authority……......………………....Appellant 3Rd Floor, Block F, Finance Department, Govt. Of Assam, Assam Sachivalaya, Assam – 781006. [Pan: Aacaa9405E] Vs. Dcit, Circle-2(Exemption), Kolkata......................................…..…..... Respondent Appearances By: Shri Ramesh Goeka, Ar, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 17, 2025 Date Of Pronouncing The Order : April 22, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is A Society & Is Registered Under Indian Societies Act, 1860 Vide Certificate Dated 19.12.2009. The Society Was Incorporated With Cabinet Approval Of Govt. Of Assam Vide Notification No.Bw-10/2008/73 Dated 06.10.2009. The Society Is Registered U/S 12A Of The Act Vide Order For Provisional Registration Is Form 10Ac Issued By Income Tax Department On 06.04.2022 From The Period From A.Y 2022-23 To A.Y 2024-25. As Per The Memorandum Of Association, The Assessee Was Created For Implementation Of Major Infrastructure Projects In The State Of Assam.

Section 12ASection 139Section 143(2)Section 148Section 148ASection 250

Deohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO, Ward-3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2852/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

Seohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO Ward 3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2851/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

Seohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO Ward 3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2850/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A