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

Kumari Seema, Jamui vs. ITO, Ward- 2(5), Lakhisarai

In the result, the appeal of the assessee is dismissed as withdrawn

ITA 350/PAT/2024[2017-18]Status: DisposedITAT Patna27 Jan 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.350/Pat/2024 Assessment Year: 2017-18 Kumari Seema……………………….....…..…………………....Appellant W/O Sri Raj Bahadur, Manorma Complex, Purani Bazar, Jamui, Bihar-811307. [Pan: Bwmps4101B] Vs. Ito, Ward-2(5), Lakhisarai. ….…….…............................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 27, 2025 Date Of Pronouncing The Order : January 27, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.11.2023 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. At The Outset, The Assessee Has Submitted A Letter On 25.01.2025 Informing The Bench That The Assessee Had Chosen To File An Application Under The Direct Tax Vivad Se Viswas (Dtvsv) Scheme, 2024 & Necessary Forms For The Scheme Were Submitted By The Assessee & The Department Issued Form No.2 & 3 Accordingly In This Respect. Under The Circumstances, The Assessee Prayed Before The Bench To Allow The Withdrawal Of The Appeal.

Section 250

Arti Surana, Howrah vs. I.T.O., Ward - 47(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1405/KOL/2024[2018-2019]Status: DisposedITAT Kolkata27 Jan 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1405/Kol/2024 Assessment Year: 2018-19 Arti Surana………………………………..……………………….....Appellant Flat 5Cd, Block Iv, 5Th Floor, Vivek Vihar, Phase V, 493/C/A, G. T Road (South), Howrah-711101. [Pan: Akcpp7261L] Vs. Ito, Ward-47(1), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Rajkumar Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Ashutosh Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 15, 2025 Date Of Pronouncing The Order : January 27, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2024 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 An Individual & Filed Her Return Of Income For The Assessment Year 2018-19 By Declaring Total Income Of Rs.3,23,590/-. The Assessing Officer Found The Assessee Has Showed Income Under The Heads Of Short-Term Capital Gain & Other Sources. The Assessee Claimed Exemption Under The Head Of Short-Term Capital Gain From Transaction On Which Securities Transaction Tax Is Paid. However, During The Assessment Proceedings, The Department Received Information Which Indicated That The Assessee Had Traded In Shares Of Amm Ltd. & Eml Scrip Code (538653) To The

Section 133(6)Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69Section 69A

Kushal Bharat Realcon Pvt. Ltd., Kolkata vs. I.T.O., Ward - 2(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1099/KOL/2024[2017-2018]Status: DisposedITAT Kolkata27 Jan 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1099/Kol/2024 Assessment Year: 2017-18 Kushal Bharat Realcon Pvt. Ltd………………………….....Appellant 16, Ganesh Chandra Avenue, Kolkata – 700013. [Pan: Aahcm3213B] Vs. Ito, Ward-2(3), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Siddhharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Ashutosh Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 15, 2025 Date Of Pronouncing The Order : January 27, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 05.09.2023 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. At The Outset, The Registry Has Informed That There Is A Delay Of 192 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case 3. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2017-18 Declaring Total Income Of Rs.17,15,430/-. The Case Of The Assessee Was Selected For Scrutiny

Section 142(1)Section 143(2)Section 250Section 250(6)