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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)

Balhanuman Commodities Private Limited, Kolkata vs. CIT(A), NFAC

The appeal of the assessee is allowed for statistical purposes

ITA 1129/KOL/2024[2012-13]Status: DisposedITAT Kolkata23 Dec 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1129/Kol/2024 Assessment Year: 2012-13 Balhanuman Commodities Pvt. Ltd..……………………....Appellant 309, B. B. Ganguly Street, W.B – 700012. [Pan: Aadcb6195K] Vs. Cit(A), Nfac………………..….…….…............................…..…..... Respondent Appearances By: Shri Manish Tiwari, Advocate, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 23, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.03.2024 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 Its Return Of Income For The Relevant Assessment Year By Declaring An Income Of Rs.5590/-. The Case Of The Assessee Was Selected For Scrutiny Assessment. The Case Of The Assessee Was Assessed U/S 144 Of The Act & Statutory Notices Were Issued To The Assessee. But The Notices Could Not Be Served On The Assessee As The Business Of The Assessee Had Been Closed & There Was No Response To The Notices Issued. Due To The Non- Compliance, The Assessing Officer Compelled To Frame The Assessment Order U/S 144 Of The Act. On The Basis Of Material Available On Record, The Assessing Officer Added A Sum Of Rs.30,50,000/- Representing

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

Rekha Rani Sur, West Bengal vs. Assistant Commissioner Circle 23(1)Hooghly, West Bengal

The appeal of the assessee is allowed for statistical purposes

ITA 1982/KOL/2024[2017-2018]Status: DisposedITAT Kolkata20 Dec 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1982/Kol/2024 Assessment Year: 2017-18 Rekha Rani Sur…….… ……….. ……..……………………....Appellant Swami Avayananda Lane, Bhadreswar, Hooghly – 712124. [Pan: Akaps2635P] Vs. Acit, Circle-23(1), Hooghly. ….…….…............................…..…..... Respondent Appearances By: Shri Arka Ghosh, Ar, Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Addl. Cit, Sr. Dr & Somnath Das Biswas, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : December 20, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.07.2024 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 Her Return Of Income On 25.10.2017 For The Relevant Assessment Year By Declaring Total Income Of Rs.30,75,080/. The Case Of The Assessee Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued. After Examining The Facts, The Assessing Officer Made The Additions Of Rs.4999440/- In Respect Of Cash Deposits Made During The Demonetization Period & Rs.5900720/- In Respect Of Disallowance Of Expenses Claimed By The Assessee.

Section 143(2)Section 250Section 250(6)

contended that the impugned order of the ld. CIT(A) is devoid of merit which is contrary to the provisions of section 250(6) of the Act. He, therefore, prayed before the Bench that it is necessary to remand the issue back to the file

DCIT, Circle-21(1), New Delhi vs. Ranjitgarh Finance Co. P.Ltd, New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 7555/DEL/2018[2014-15]Status: DisposedITAT Delhi19 Dec 2024AY 2014-15

Bench: Shri Pradip Kumar Kedia & Shri Vimal Kumar[Assessment Year : 2014-15] Dcit Vs Ranjitgarh Finance Co.P.Ltd. Circle-21(1) Lp-11 C Pitampura New Delhi. New Delhi-110034. Pan-Aabcr8108C Appellant Respondent Appellant By Ms. Harpreet Kaur Hansra, Sr. Dr Respondent By Shri Mukesh Sukhija, Adv. Date Of Hearing 19.12.2024 Date Of Pronouncement 19.12.2024 Order Per Pradip Kumar Kedia, Am : The Instant Appeal Has Been Filed At The Instance Of The Revenue Seeking To Assail The First Appellate Order Dated 04.09.2018 Passed By Ld. Commissioner Of Income Tax(A)-7, New Delhi [“Ld.Pr. Cit”] U/S 250(6) Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 30.12.2016 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2014- 15. 2. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee Submitted That As Per The Instruction Of The Client, The Assessee Is Opting For The Ongoing “The Direct Tax Vivad Se Vishwas (Dtvsv) Scheme, 2024”. The Learned Counsel Thus Submitted That The Assessee Does Not Seek To Pursue The Said Appeal Owing To Exercise Of Option For Availing Dtvsv Scheme & Consequently Requested That The Written Application For Withdrawal Of Appeal May Please Be Granted.

Section 143(3)Section 250(6)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “F” BENCH: NEW DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI VIMAL