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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)

Nirma Chemical Works Pvt. Ltd., Ahmedabad vs. The Dy.CIT, Circle-3(1)(1), Ahmedabad

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

ITA 487/AHD/2023[2013-14]Status: HeardITAT Ahmedabad24 Jan 2024AY 2013-14

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2013-14 Nirma Chemical Works Pvt. The Dy. Commissioner Of Income- Ltd. V. Tax Nirma House Circle-3(1)(1) Ashram Road, Ahmedabad Near Income Tax Circle Gujarat Ahmedabad-380 009 Gujarat Pan: Aaacn 5353 L अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Hemanshu Shah, Ca Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 18/01/2024 & 23.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 23/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Coram: This Appeal Filed By Assessee Is Directed Against The Appellate Order Dated 19/05/2022 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2013-14 (Din & Order No.Itba/ Nfac/S/250/2022- 23/1043081956(1)), The Appellate Proceedings Have Arisen Before Ld.Cit(A) From Rectification Order Dated 16/02/2022 Passed By Ld. Assessing Officer(Hereinafter Called “The Ao”) U/S 154 Of The 1961 Act (Din & Order Nirma Chemical Works Pvt. Ltd. V. Dcit Ay 2013-14

For Appellant: Shri Hemanshu Shah, CAFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(3)Section 154Section 244ASection 250Section 253(6)(c)Section 253(6)(d)

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ, अहमदाबाद अहमदाबाद

Bhavin Gunvantbhai Sagar, Ahmedabad vs. Dy.CIT., Circle-2(2)(1), Ahmedabad

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

ITA 634/AHD/2023[2017-18]Status: HeardITAT Ahmedabad22 Jan 2024AY 2017-18

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2017-18 Bhavin Gunvantbhai Sagar The Dy. Commissioner Of Income- 501, Madhuram Apartment V. Tax, Nr. Sant Kabir School Circle-2(2)(1) Ahmedabad – 380013 Ahmedabad-380015 Gujarat Gujarat Pan: Ammps 1447 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Aseem L. Thakkar, Ca Revenue By : Shri Atul Pandey, Sr.D.R. सुनवाई क" तारीख/Date Of Hearing : 18/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Coram This Appeal Filed By The Assessee Is Directed Against The Appellate Order Dated 21/06/2023 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2017-18 (Din & Order No.Itba/Nfac/S/250/2023- 24/1053833888(1)), The Appellate Proceedings Have Arisen Before Ld.Cit(A) From Assessment Order Dated 26/12/2019 Passed By Ld. Assessing Officer (Hereinafter Called “The Ao") U/S.143(3) Of The 1961 Act (Din & Order No. Itba/Ast/S/143(3)/2019-20/1023131866(1)). Bhavin Gunvantbhai Sagar V. Dcit Ay 2017-18 2

For Appellant: Shri Aseem L. Thakkar, CAFor Respondent: Shri Atul Pandey, Sr.D.R
Section 143(3)Section 250Section 68

order is Bhavin Gunvantbhai Sagar v. DCIT AY 2017-18 4 not a reasoned and speaking order , and the provisions of section 250(6) of the Act is not complied with by the Ld.CIT(A). 4. The Ld.DR, on the other hand, could not controvert the said submission ... cryptic non speaking order is passed. Thus, the order passed by the Ld.CIT(A) is not in compliance with the provisions of section 250(6) of the Act. Further, the Ld.CIT(A) has observed that the assessee has not filed any submission with respect to notice issued on 06/06/2023

Aaditya Diamgold Pvt.Ltd., Ahmedabad vs. Income Tax Officer, Ward-1(1)(1), Ahmedabad

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

ITA 627/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad19 Jan 2024AY 2017-18

Bench: Shri Ramit Kochar & Ms. Suchitra Raghunath Kambleassessment Year : 2017-18 Aaditya Diamgold Pvt.Ltd. The Income Tax Officer 21, 1St Floor Iscon Arcade V. Ward-1(I)(I) Nr.Lal Bungalows Ahmedabad Cg Road Navrangpura Ahmedabad Gujarat – 380 009 Pan: Aalca 4525 A अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Shri Atul Pandey, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 17/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Ramit Kocharthis Appeal Filed By The Assessee Is Directed Against The Appellate Order Dated 14/07/2023 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of Sub-Section (6) Of The Income Tax Act, 1961(Hereinafter Called “The Act”) For Assessment Year 2017-18 (Din & Order No. Itba/Nfac/S/250/2023-24/ 1054374868(1)), The Appellate Proceedings Have Arisen Before Ld. Cit(A) From Assessment Order Dated 30.12.2019 Passed By Ld. Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of Aaditya Diamgold Pvt.Ltd. V. Ito Ay 2017-18

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Shri Atul Pandey, Sr.DR
Section 143(3)Section 234BSection 250Section 250(6)Section 271ASection 68

stating the points for determination, the decision arrived at by the Ld. AO as well as the reasons for the decision, thereby violating section 250(6) of the Act. 3. The Ld. CIT(A) has erred in law and on facts in confirming the action ... assessee and dismissed the appeal of the assessee on 14.07.2023 without discussing the issues on merits which is not as per mandate of Section 250(6) of the Act.It was submitted that the appeal of the assessee was dismissed by ld. CIT(A) on the grounds that the Aaditya Diamgold