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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)

Kutchi Sarvodaya Nagar, Mumbai vs. Income Tax Officer (Exemptions) - 1(4), Mumbai

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

ITA 4127/MUM/2023[2014-15]Status: DisposedITAT Mumbai03 May 2024AY 2014-15

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailkutchi Sarvodaya Nagar Vs. Income Tax Officer P.L. Lokhande Marg, (Exemptions)-1(4) Near Narayan Guru High Piramal Chambers, School, Govandi, Lal Baug, Parel, Mumbai – 400043 Mumbai - 400012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaatk0678E Appellant .. Respondent Appellant By : Pradip Kapasi Respondent By : P.D. Chougule Date Of Hearing 22.04.2024 Date Of Pronouncement 03.05.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “I. Ground No. 1: Failure To Issue Notice U/S. 250 The Id. Cit(A) Erred In Law & On Facts In Failing To Issue Notice For Furnishing Written Submissions And/Or Hearing Of Appeal As Required U/S 250(1), (2) & (6B) Read With The Faceless Appeal Scheme, 2021 Issued Under Notification No 139/2021 Dt 28.12.2021 Of The Act & In Particular Not Allowing The Appellant To Furnish Its Submissions. Your Appellant Prays That An Order Passed Without Issuing Notice U/S. 250 Be Quashed Ii Ground No. 2: Failure To Give Opportunity Of Hearing By Cit(A) The Id. Cit(A) Erred In Law & On Facts In Passing An Order In Appeal Without Giving An Opportunity Of Hearing, Orally Or Virtually, As Required By The Provisions Of The Act. Rules, Scheme, Notifications & Circulars & The Decisions Of The Courts & In Particular The Decision In The Cases Of Ba Continuum India (P.) Ltd., 125 Taxmann.Com 180 (Bom.) & Sanjay Aggarwal, 127 Taxmann.Com

For Appellant: Pradip KapasiFor Respondent: P.D. Chougule
Section 143(3)Section 154Section 234ASection 234BSection 246ASection 250Section 250(1)

that the ld. CIT(A) has not adjudicated the appeal of the assessee on merit after considering the submission filed by the assessee. Section 250(6) contemplates that ld. CIT(A) would determine point in dispute and therefore record reason of such points in support of his conclusion. Therefore

Jai Shriram Sahakari Path Sansthan Mariyadit, Pune vs. ITO, Ward 6(4), Pune

ITA 173/PUN/2024[2017-18]Status: DisposedITAT Pune30 Apr 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.173/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Jai Shriram Sahakari Pat The Income Tax Officer, Sansthan Maryadit, V Ward-6(4), Pune. 1085, Bhawani Peth, S Padmashali Puram, Kamgar Middan, Nr Watar Tank, Pune – 411042. Pan: Aacaj7371A Appellant / Revenue Respondent / Assessee Assessee By None. Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 29/04/2024 Date Of Pronouncement 30/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 10.10.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Cit(A) Erred In Law & On Facts In Confirming & The Ito, Ward 6(4), Pune (Learned Ao) Erred In Law & On Facts In Assessing Appellant'S Total Income At Rs.1,17,73,000/- By Making Addition Of The Same Amount U/S 69A Of The Ita, 1961. 2. Learned Cit(A) & The Learned Ao Erred In Law & On Facts In Making Addition U/S 69A Without Appreciating That Cash Deposit By The Appellant Is Not Income Of The Appellant As The Same Amount Was Collected From Msedcl Consumers On Behalf Of Msedcl & Back-To-Back Transferred To Msedcl & Jai Shriram Sahakari Path Sansthan Maryadit [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 69A

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 Mahendrakumar H. Adhvaryu, Ahmedabad vs. The ITO, Ward-3(3)(3), Ahmedabad

The appeal of the assessee is allowed

ITA 1814/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad26 Apr 2024AY 2016-17

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2016-17 Vs. Mahendrakumar H. Adhvaryu, Income Tax Officer, A-8, Classic Palace, Talav Gate, Ward-3(3)(3), Bodakdev, Ahmedabad-380054 Ahmedabad Pan : Aezpa 8877 Q अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri Anurag Chandra, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश/O R D E R आदेश आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-3, Ahmedabad [Hereinafter Referred To As "Ld. Cit(A)” For Short] Dated 28.08.2019, Under Section 250(6) Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Pertaining To The Assessment Year (Ay) 2016-17. 2. The Grounds Raised Are As Under:- “1. The Learned Cit(A) Has Erred In Law & On Facts In Not Giving A Reasonable Opportunity Of Hearing To The Appellant Which Is In Violation Of The Principles Of Natural Justice. 2. The Learned Cit(A) Has Erred In Law & On Facts In Stepping Into The Shoes Of The Appellant To Confirm The Additions. 3. The Learned Cit(A) Has Erred In Law & On Facts In Confirming Addition Of Cash In Hand Of Rs.62,76,216/- U/S 68 Of The Act.

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Anurag Chandra, Sr DR
Section 234ASection 250(6)Section 271(1)(c)Section 68

passed by the ld. Commissioner of Income Tax (Appeals)-3, Ahmedabad [hereinafter referred to as "Ld. CIT(A)” for short] dated 28.08.2019, under section 250(6) of the Income Tax Act, 1961 [hereinafter referred to as “the Act”], pertaining to the Assessment Year (AY) 2016-17. 2. The grounds raised