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

Manas, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1356/KOL/2024[2020-2021]Status: DisposedITAT Kolkata04 Dec 2024AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

Manas, Kolkata vs. I.T.O., Ward - 1(4), Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1355/KOL/2024[2019-2020]Status: DisposedITAT Kolkata04 Dec 2024AY 2019-2020

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

Manas, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1354/KOL/2024[2018-2019]Status: DisposedITAT Kolkata04 Dec 2024AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

Income Tax Officer, Race Course Road vs. Cheran Enterprises Private Limited, Arts College Road, Coimbatore

ITA 2366/CHNY/2024[2015]Status: DisposedITAT Chennai04 Dec 2024

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2366, 2367 & 2370 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2015-16, 2015-16 & 2017-18 Income Tax Officer, Coimbatore Cheran Enterprises Private Limited, No.78, Cheran Towers, Government Arts College Road, Coimbatore Tamil Nadu-641018 [Pan: Aaccc5150] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By Shri Shreyansh Kumar Kochar, Ca प्रत्यर्थी की ओर से /Revenue By Shri Nathala Ravi Babu, Cit सुनवाई की तारीख/Date Of Hearing : 03.12.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024 आदेश / Order Per Amitabh Shukla, A.M : The Appeals Vide Ita No.2366/Chny/2024 For Ay 2015-16 Vide Order Bearing Din & Order No.Itba/Nfac/S/250/2024-25/1066850730(1) Dated 19.07.2024 & Ita No.2367/Chny/2024 For Ay 2015-16 Vide No.Itba / Nfac / S / 250 /2024-25/1066924539(1) Dated 23.07.2024 & Vide Ita No.2370/Chny/2024 For Ay 2017-18 & Vide Itba/Nfac/S/250/2024-25/1066850925 Dated 19.07.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi. Through The Aforesaid Appeal - 2 -:

Section 147Section 250Section 5