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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)

The Muzaffarpur Central Cooperative Bank Ltd, Muzaffarpur vs. DCIT, Circle-2, Muzffarpur, Muzaffarpur

The appeal of the assessee is allowed for statistical purposes

ITA 280/PAT/2023[2016-17]Status: DisposedITAT Patna15 Jan 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.280/Pat/2023 Assessment Year: 2016-17 The Muzaffarpur Central Cooperative Bank Ltd..…....Appellant Sadar Hospital Road, Muzaffarpur, Bihar-842001. [Pan: Aabat7831Q] Vs. Dcit, Circle-2, Muzaffarpur…………….............................…..…..... Respondent Appearances By: Shri Sanjeev Anwar, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2025 Date Of Pronouncing The Order : January 15, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.08.2023 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. Brief Facts Of The Case Are That The Assessee Is A Cooperative Society & Engaged In Banking Business. For The Assessment Year 2016-17, The Assessee Filed Its Return Of Income On 15.10.2016 By Showing A Total Income Of Rs.65,05,270/-. The Case Of The Assessee Was Selected For Limited Scrutiny In Terms Of Guidelines Issued By The Cbdt Vide Instruction No.5/2007. Accordingly, Notices U/S 143(2) & 142(1) Of The Act Were Issued To The Assessee & In Response To The Said Notices, No One Turned Up Before The Assessing Officer. The Assessing Officer Therefore Passed An Order U/S 144 By Making Certain Additions In Following Manner:

Section 143(2)Section 144Section 14ASection 250Section 250(6)

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and

Rameshwar Prasad, Patna vs. ACIT Circle - 2 (1), Begusarai

The appeal of the assessee is allowed for statistical purposes

ITA 265/PAT/2023[2010-11]Status: DisposedITAT Patna13 Jan 2025AY 2010-11

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.265/Pat/2023 Assessment Year: 2010-11 Rameshwar Prasad………….. ………...…..…………………....Appellant Purendu Nagar, Near Shiv Mandir, Phulwarisharif, Patna-851117. [Pan: Afdpp7901H] Vs. Acit, Circle-2(1), Begusarai…………….............................…..…..... Respondent Appearances By: Shri D. V. Pathy, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2025 Date Of Pronouncing The Order : January 13, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.07.2023 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. Brief Facts Of The Case Are That Original Return Of The Assessee Was Filed On 31.03.2011 Showing A Total Income Of Rs.12,65,190/-. Subsequently, The Assessment Proceedings For The Year Under Consideration Was Reopened By Issuing A Notice U/S 148 Of The Act With The Prior Approval Of The Pcit, Bhagalpur. In Response To The Notice U/S 148 Of The Act, The Assessee Failed To Make Any Compliance In Respect Of The Notices Issued Time To Time By The Assessing Officer. Since, The Assessee Remained Non-Cooperative, The Assessing Officer Framed Assessment Order U/S 144 Of The Act By Making An Addition Of

Section 144Section 148Section 250Section 250(6)

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and