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

Sanjeev Ranjan, Patna vs. Deputy/Assistant Commissioner of Income Tax, Circle-6, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 305/PAT/2024[2017-18]Status: DisposedITAT Patna18 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.305/Pat/2024 Assessment Year: 2017-18 Sanjeev Ranjan………………..……………………………………….…..……Appellant Shanta Bhawan, Road No.8, Patel Nagar, Patna- 800023. [Pan: Abzpr5817Q] Vs. Dcit, Circle-6, Patna…...............…..….…..….........……........……...…..…..Respondent Appearances By: Shri A. K. Rastogi, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 15.02.2024 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 His Return Of Income By Declaring Total Income Of Rs.43,06,640/- On 21.10.2017 For The Assessment Year 2017-18 Under The Head ‘Income From House Property’, ‘Profit & Gains From Business Or Profession’ & ‘Income From Other Sources’. The Case Of The Assessee Was Selected For Scrutiny Under Cass To Verify Cash Deposits During Demonetization Period. Accordingly, Notice U/S 143(2) Of The Act Was Issued. Subsequently, Notice U/S 142(1) Of The Act Was Also Issued Calling For Furnishing Details Such As Itr, Computation Of Income, Audit Report Pertaining To The Relevant Assessment Year, List Of All Bank Accounts Held

Section 115BSection 142(1)Section 143(2)Section 250

Santosh Kumar, Patna vs. ITO, Ward- 6 (1), Patna

The appeal of the assessee is allowed for statistical purposes

ITA 286/PAT/2024[2017-18]Status: DisposedITAT Patna18 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.286/Pat/2024 Assessment Year: 2017-18 Santosh Kumar…….… ……….. ……..……………………....Appellant Begumpur, Malsalmi, Patna 9, Bihar-800009. [Pan: Asupk2811R] Vs. Ito, Ward-6(1), Patna……. ….…….…............................…..…..... Respondent Appearances By: Shri Bhagwan Jha, Itp, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 18, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.12.2023 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 Ld. Ar Submitted That There Is A Delay Of 10 Days In Filing The Instant Appeal. The Assessee Has Submitted An Application For Condonation Of Delay Citing Reasonable Grounds. After Considering The Averments Made In The Application, We Condone The Delay. 3. Brief Facts Of The Care Are That The Assessee Is An Individual Deriving Income From Processing & Trading Of Foodgrains. In The Case Of The Assessee, The Assessing Officer Completed The Assessment U/S 143(3) On 23.12.2019 By Determining Total Income Of The Assessee At Rs.33,81,470/- & By Making Certain Additions.

Section 143(3)Section 250

Ramagya Contractors Private Limited, Supaul vs. ITO Ward- 3 (5), Saharsa

The appeal of the assessee is allowed for statistical purposes

ITA 350/PAT/2023[2016-17]Status: DisposedITAT Patna18 Dec 2024AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.350/Pat/2023 Assessment Year: 2016-17 Ramagya Contractors Pvt. Ltd.……………………………………….…..……Appellant Bhagat Mohalla, Ward No.06, Supaul, Bihar-854340. [Pan: Aaccr9520P] Vs. Ito, Ward-3(5), Saharsa ..............…..….…..….........……........……...…..…..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 : December 17, 2024 Date Of Pronouncing The Order : December 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.10.2023 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. No One Has Appeared On Behalf Of The Assessee In Spite Of Serving Notice Of Hearing, Therefore, We Proceed To Decide The Appeal With The Help Of Ld. Dr & Also Considering The Material Available On Record. 3. Brief Facts Of The Case Are That The Assessee Is A Company & Filed Its Return Of Income Declaring Total Income Of Rs.4,33,200/- On 17.10.2016. Thereafter, The Case Of The Assessee Was Selected For Scrutiny Under Cass Due To The Reasons Of Amalgamation Or Demerger During The Relevant Year. Notice U/S 143(2) Of The Act Was Issued. Subsequently, Notice U/S 142(1) Of The Act Was Also Issued Calling For Relevant Details/Documents. However, The Assessee Did Not Comply With

Section 142(1)Section 143(2)Section 250Section 250(6)Section 68

Joseph Jose, Patna vs. ACIT, Circle-4, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 45/PAT/2020[2015-16]Status: DisposedITAT Patna18 Dec 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.45/Pat/2020 Assessment Year: 2015-16 Joseph Jose…………………….……………………………………….…..……Appellant House Of Dr. Sudhir Kumar, Opposite Loyala High School, Sadakat Ashram Kurji, Patna-800010, Bihar. [Pan: Ajlpj6722E] Vs. Acit, Circle-4, Patna…….............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Ms Ahmed Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.01.2020 Of The Commissioner Of Income Tax (Appeals)-2, Patna [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 His Return Of Income For The Assessment Year 2015-16 Declaring Total Income Of Rs.13,25,260/- & The Main Source Of Income Was Civil Contractor. The Case Of The Assessee Was Selected For Scrutiny Under Cass & Accordingly, Notice U/S 143(2) Of The Act Was Issued. Later On, The Case Of The Assessee Was Transferred On Pecuniary Jurisdiction & Notice U/S 142(1) R.W.S. 129 Of The Act Was Issued To The Assessee. In

Section 142(1)Section 143(2)Section 250Section 40A(3)