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“Section 250(6)”

Section References (mined)Section 250Section 250(6)4,093 judgments

The decision most relied on for Section 250(6) is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 judgments on BharatTax.

Leading authorities on Section 250(6)

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.

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.

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.

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

New Diwan Oil Mills v. CIT
296 ITR 495 · 2008 · High Court
351
citing judgments

The High Court can return a reference unanswered if the assessee fails to appear or provide assistance. This illustrates the broader principle that appellate authorities have inherent power to dismiss appeals for non-prosecution when a party does not effectively pursue their case.

Inder Singh v. State of Madhya Pradesh
2025 INSC 382 · 2025 · Supreme Court
267
citing judgments

Non-deliberate procedural delays caused by circumstances beyond control must be condoned in the interest of substantial justice, even if the delay is significant, such as over 1500 days.

Judgments citing Section 250(6)

Russell Adrian Rodrigues, Mumbai vs. ITO, Ward 23(3)(1), Mumbai

In the result, the appeal by the assessee is allowed

ITA 98/MUM/2025[2017-18]Status: DisposedITAT Mumbai14 Feb 2025AY 2017-18

Bench: Shri Sandeep Singh Karhail, Jm & Shri Girish Agrawal, Am आयकर अपील सं./Ita No98/Mum/2025 (िनधा"रण वष" / Assessment Year :2017-2018) Russel Adrian Rodrigues, Vs. Ito, Ward-23(3)(1), 101, Diiago, “B” Sherly Ranjan Mumbai Road, Bandra West, Mumbai "थायी लेखा सं./Pan No. : Adwpr 7259 P (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Subhash Chhajed, Ar राज"व क" ओर से /Revenue By : Shri Kiran Unavekar, Sr.Dr सुनवाई क" तारीख / Date Of Hearing : 11/02/2025 घोषणा क" तारीख/Date Of Pronouncement : 14/02/2025 आदेश / O R D E R Per Sandeep Singh Karhail, Jm : The Assessee Has Filed The Present Appeal Against The Impugned Order Dated 28/12/2024, Passed Under Section 250 Of The Income Tax Act (“The Act”) By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [“Learned Cit(A)”], For The Assessment Year 2017-18. 2. In This Appeal, The Assessee Has Raised The Following Grounds: – 1. On The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Dismissing The Assessee'S Appeal On Account Of Non-Compliance Of Section 249(4)(A) & 249(4)(B) Of The It Act., 1961 Completely Disregarding The Fact That Assessee Has Filed The Return & Paid The Due Tax Thereon As Mentioned In The Column 8.1 Of The Appeal Form No. 35. The Appellant Therefore Prays To Remand Back The Matter To Hon. Cit(A) For A Fresh Adjudication On Merits.

For Appellant: Shri Subhash Chhajed, ARFor Respondent: Shri Kiran Unavekar, Sr.DR
Section 142(1)Section 144Section 144BSection 147Section 148Section 148ASection 249(4)Section 249(4)(a)Section 250Section 250(6)

appeal without disposing off each ground of appeal on merits, without stating the reasons for determination and the decisions thereon in terms of section 250(6) of the Income Tax Act., 1961. The Appellant therefore prays to remand back the matter to Hon. CIT(A) for a fresh adjudication

Fiero Fernandes, Mumbai vs. Jurisdiction Ward 42(2)(2), Mumbai

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

ITA 23/MUM/2025[2015-16]Status: DisposedITAT Mumbai14 Feb 2025AY 2015-16

Bench: Shri Sandeep Singh Karhail, Jm & Shri Girish Agrawal, Am आयकर अपील सं./Ita No.23/Mum/2025 (िनधा"रण वष" / Assessment Year :2015-2016) Fiero Fernandes Vs. Ito, Ward-42(2)(2), 1202 Lourdes Heritage, Mumbai Opposite Our Lady Of Lourdes Church, Orlem Malad West Mumbai "थायी लेखा सं./Pan No. : Aaspf 3097 Q (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती की ओर से /Assessee By : Ms. Chaitee Londhe, Ar राज"व क" ओर से /Revenue By : Shri Pravin Salunkhe, Sr.Dr सुनवाई क" तारीख / Date Of Hearing : 12/02/2025 घोषणा क" तारीख/Date Of Pronouncement : 14/02/2025 आदेश / O R D E R Per Sandeep Singh Karhail, Jm : The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dated 05/11/2024 Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [“Learned Cit(A)”], For The Assessment Year 2015-16. 2. In This Appeal, The Assessee Has Raised The Following Grounds: -

For Appellant: Ms. Chaitee Londhe, ARFor Respondent: Shri Pravin Salunkhe, Sr.DR
Section 148Section 149Section 151ASection 250Section 250(6)Section 56Section 56(2)(vii)Section 56(2)(x)Section 69

compliance with notices, dismissed the appeal filed by the assessee without adjudicating the grounds raised by the assessee on merits, as required under section 250(6) of the Act. We find that in CIT v/s Premkumar Arjundas Luthra (HUF), reported in [2016] 69 taxmann.com 407 (Bombay), the Hon’ble Jurisdictional

Sangeeta Agarwal, Kolkata vs. Dy. CIT, Central Circle 1(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2340/KOL/2024[2015-16]Status: DisposedITAT Kolkata13 Feb 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2340/Kol/2024 Assessment Year: 2015-16 Sangeeta Agarwal………....………………………………………..….……….Appellant 55/1B, Strand Road, 2Nd Floor, Posta, Kolkata – 700006. [Pan: Acrpa8642H] Vs. Dcit, Central Circle-1(1), Kolkata………....................……........……...…..…..Respondent Appearances By: Shri Piyush Lakhotia, Ar, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 13, 2025 Date Of Pronouncing The Order : February 13, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 15.04.2024 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 Filed Her Return Of Income For The Assessment Year 2015-16 Declaring Total Income Of Rs.9,10,980/-. In The Case Of The Assessee, Assessment Was Completed U/S 144 R.W.S. 147 & 144B Of The Act. The Assessing Officer Made Addition Of Rs.33,84,750/- Which Was Alleged To Be Long-Term Capital Gains Which Was Claimed As Exemption By The Assessee In Her Return Of Income. 3. Dissatisfied With The Above Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Against The Assessment Order. However, The Ld.

Section 144Section 250Section 250(6)

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Before Shri Sonjoy