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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)

Gouri Singla, Siliguri vs. ITO, Ward-1(3), Siliguri

The appeal of the assessee is allowed for statistical purposes

ITA 488/KOL/2024[2013-14]Status: DisposedITAT Kolkata17 Dec 2024AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.488/Kol/2024 Assessment Year: 2013-14 Gouri Singla………….… ……….. ……..……………………....Appellant C/O Paramount Hospital Pvt. Ltd., Mangal Pandey Road, Khalpara, Siliguri- 734005. [Pan: Ajbps9966M] Vs. Ito, Ward-1(3), Siliguri…. ….…….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, 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 16, 2024 Date Of Pronouncing The Order : December 17, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 15.02.2024 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 & Run A Proprietorship Business & Filed Return Of Income On 29.09.2013 For The Relevant Assessment Year Declaring Total Income Of Rs.7,67,610/. Thereafter, The Case Of The Assessee Was Reopened U/S 147 Of The Act As Per Information Received. Accordingly, Notices U/S 143(2) & 142(1) Of The Act Was Issued. In Response To The Notices, The Assessee Has Not Furnished The Requisite Details To The Assessing Officer. The Assessing Officer Noticed That The Assessee Had Taken Loan Of Rs.22,00,000/- From Various Lenders During The Assessment Year. He Also Noticed That The Assessee Had Also Cash Deposited Of Rs.5,69,000/- In Her Bank Account.

Section 143(2)Section 147Section 250Section 250(6)Section 68Section 69A

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

Lotus Multy Speciality Hospital, Pune vs. ITO Ward 14(5) Pune, Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 2258/PUN/2024[2018-19]Status: DisposedITAT Pune16 Dec 2024AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2257 & 2258/Pun/2024 िनधा"रण वष" / Assessment Years: 2016-17 & 2018-19 Lotus Multy Specialty Hospital, V The Income Tax Officer, Shewalewadi Phata, Pune S Ward-14(5), Pune. Solapur Road, Manjari, Pune – 412307. Pan: Aaffl6270J Appellant/ Assessee Respondent / Revenue Assessee By Shri Girish Ladda – Ca/Ar Revenue By Smt Shraddha Nichal - Addl.Cit(Dr) Date Of Hearing 12/12/2024 Date Of Pronouncement 16/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2016-17 & 2018-19; Dated 15.02.2024 & 04.07.2024 Respectively, Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common, Both These Appeals Were Heard Together & Decided By The Common Order. We Will Take The A.Y.2016-17 As A Lead Case.

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

detailed adjudication thereof. 3) The CIT (A)'s ex-parte order without discussing merits of the case is against the mandatory requirements of section 250(6) providing that appellate order shall state the points for determination, decision thereon and reasons for its decision. Hence the order ... make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating the points for determination and then render a decision

Lotus Multy Speciality Hospital, Pune vs. ITO Ward 14(5) Pune, Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 2257/PUN/2024[2016-17]Status: DisposedITAT Pune16 Dec 2024AY 2016-17

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2257 & 2258/Pun/2024 िनधा"रण वष" / Assessment Years: 2016-17 & 2018-19 Lotus Multy Specialty Hospital, V The Income Tax Officer, Shewalewadi Phata, Pune S Ward-14(5), Pune. Solapur Road, Manjari, Pune – 412307. Pan: Aaffl6270J Appellant/ Assessee Respondent / Revenue Assessee By Shri Girish Ladda – Ca/Ar Revenue By Smt Shraddha Nichal - Addl.Cit(Dr) Date Of Hearing 12/12/2024 Date Of Pronouncement 16/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2016-17 & 2018-19; Dated 15.02.2024 & 04.07.2024 Respectively, Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common, Both These Appeals Were Heard Together & Decided By The Common Order. We Will Take The A.Y.2016-17 As A Lead Case.

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

detailed adjudication thereof. 3) The CIT (A)'s ex-parte order without discussing merits of the case is against the mandatory requirements of section 250(6) providing that appellate order shall state the points for determination, decision thereon and reasons for its decision. Hence the order ... make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating the points for determination and then render a decision

Shri Venkatesh Nisarg Sahakari Gruhrachna Sanstha Maryadit, Pune vs. ACIT Ward 9(1), Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 2174/PUN/2024[2018-19]Status: DisposedITAT Pune16 Dec 2024AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2174/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Shri Venkatesh Nisarg Sahakari V The Acit, Gruhrachna Sanstha Maryadit, S Ward-9(1), Pune. S.No.56/3/1, Vadagaon Bk, Near Hotel Ashirvad, Haveli, Pune – 411041. Pan: Aaras2349J Appellant/ Assessee Respondent / Revenue Assessee By Shri B.C.Malakar – Ar Revenue By Smt Shraddha Nichal – Addl.Cit(Dr) Date Of Hearing 12/12/2024 Date Of Pronouncement 16/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2018-19 Dated 30.08.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit(A), Addl/Jcit(A)-2, Bangaluru Erred In Dismissing The Appeal Of The Appellant Assessee Society Thereby Confirming The Computation Of Total Income Made In The Intimation U/S. 143(1) Of The I.T. Act, 1961 Dated 12/07/2019 Issued By The Dcit, Cpc Bangaluru Assessing The Total Income In The Case Of The Appellant At Rs.10,04,160/- Ignoring & Without Appreciating The Facts Of The Case Appellant Housing Society That The Appellant Is A Mutual Society Created By The Members & The Source Of Its Income Was From The Members Only & Therefore Its Income Was Qualified For Exemption Under The Act On Concept Of Mutuality As A Mutual Concern. The Appellate Order Passed By The Appellate Authority Be Quashed & The Assessing Officer Be Directed To Re-Compute The Total Income Of The Appellant At Rs. Nil Treating The Appellant As A Mutual Society.

Section 143(1)Section 250Section 80PSection 80P(2)(a)

make further inquiry and report the result of the same to him as found in Section 250(4) of the Act. Further Section 250(6) of the Act obliges the CIT(A) to dispose of an appeal in writing after stating the points for determination and then render a decision