Income Tax Department

Ministry of Finance, Government of India

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Section 250

Procedure in appeal

Section

Section Number

250

Chapter

CHAPTER XX - APPEALS AND REVISION

Act

Income-tax Act, 1961

Year

1991

Procedure in appeal

Procedure in appeal
Procedure in appeal.
53 250. (1) The 54[Deputy Commissioner (Appeals)] 55[or, as the case may be, the Commissioner (Appeals)] shall fix a day and place for the hearing of the appeal, and shall give notice of the same to the appellant and to the 56[Assessing] Officer against whose order the appeal is preferred.
(2) The following shall have the right to be heard at the hearing of the appeal—
            ( a)       the appellant, either in person or by an authorised representative;
            ( b)       the 56[Assessing] Officer, either in person or by a representative.
(3) The 54[Deputy Commissioner (Appeals)] 55[or, as the case may be, the Commissioner (Appeals)] shall have the power to adjourn the hearing of the appeal from time to time.
(4) The 57[Deputy Commissioner (Appeal)] 58[or, as the case may be, the Commissioner (Appeals)] may, before disposing of any appeal, make such further inquiry as he thinks fit, or may direct the 59[Assessing] Officer to make further inquiry and report the result of the same to the 57[Deputy Commissioner (Appeals)] 58[or, as the case may be, the Commissioner (Appeals)].
(5) The 57[Deputy Commissioner (Appeals)] 58[or, as the case may be, the Commissioner (Appeals)] may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the 57[Deputy Commissioner (Appeals)] 58[or, as the case may be, the Commissioner (Appeals)] is satisfied that the omission of that ground from the form of appeal was not wilful or unreasonable.
(6) The order of the 57[Deputy Commissioner (Appeals)] 58[or, as the case may be, the Commissioner (Appeals)] disposing of the appeal shall be in writing and shall state the points for deter­mination, the decision thereon and the reason for the decision.
(7) On the disposal of the appeal, the 57[Deputy Commissioner (Appeals)] 58[or, as the case may be, the Commissioner (Appeals)] shall communicate the order passed by him to the assessee and to the 60[Chief Commissioner or Commissioner].

Footnotes