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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)

K Pukhraj Enterprises Private Limited, Mumbai vs. ITO, Ward 4(2)(4), Mumbai

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

ITA 4225/MUM/2023[2010-11]Status: DisposedITAT Mumbai25 Apr 2024AY 2010-11

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailk.Pukhraj Enterprises Vs. Ito, Ward 4(2)(4) Private Limited, Aayakar Bhavan 44, 3Rd Floor, Shahi Gully 4Th Floor, Zaver Bazar, Kalbadevi Mumbai Maharasthra 400002 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadck5086A Appellant .. Respondent Appellant By : Prateek Jain Respondent By : P.D. Chougule Date Of Hearing 22.04.2024 Date Of Pronouncement 25.04.2024 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. 2010-11. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Passing An Ex Parte Order, Without Affording Adequate Opportunity Of Being Heard To The Appellant. 2. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Confirming The Action Of The Ld Ao In Issuing Notice Dated 31 03 2017 U/S 148 Of The Act & The Consequent Order Dated 22.12 2017 Passed U/S 143(3) R.W.S 147 Of The Act Passed Is Bad In Law & Without Jurisdiction. 3. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A) Erred In Confirming The Action Of The Ld Ao In Making An Addition Of Rs.7,69,50,000/- Оп Account Of Share Premium Received On Increase In Paid-Up Share Capital, For The Reasons Mentioned In The Impugned Order Or Otherwise.

For Appellant: Prateek JainFor Respondent: P.D. Chougule
Section 143(3)Section 148

P a g e | 1 K. Pukhraj Enterprises Pvt. Ltd. Vs. ITO, Ward 4(2)(4) IN THE INCOME TAX