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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)

Shri Ramchandra Dhopeshwarkar, Mumbai vs. Int Tax Ward 2(1)(1), Mumbai

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

ITA 913/MUM/2023[2012-13]Status: DisposedITAT Mumbai13 Jun 2023AY 2012-13

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailshri Ramchandra Vs. International Tax Dhopeshwarkar, 404/11J Ward 2(1)(1) Neelam Nagar Chs, Room No. 1724, 17Th Phase Ii, Gavan Pada, Floor, Air India Building, Mulund (E), Nariman Point, Mumbai – 400081 Mumbai - 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Afrpd9868F Appellant .. Respondent Appellant By : None Respondent By : Soumendu Kumar Das Date Of Hearing 08.06.2023 Date Of Pronouncement 13.06.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Is Filed By The Assesse Against The Order Passed By The Ld. Cit(A)-56, Mumbai, Dated 15.01.2023 For A.Y. 2012-13. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & In The Circumstances Of The Case, The Order Of The Commissioner Of Income Tax (Appeals)-56, Mumbai, Is Bad In Law On Various Grounds Apart From Being Passed In Gross Violation Of Principles Of Natural Justice. 2. The Commissioner (Appeals) Erred In Dismissing The Appeal In Limine On The Alleged Ground Of Delay In Filing The Appeal Without Giving Any Opportunity & Without Appreciating The Fact There Is Delay In Filing The Appeal Is Factually Incorrect. 3. On The Facts & Circumstances Of The Case & In Law The Cit(A) Has Erred In Not Dealing With The Grounds Of Appeal Raised Before Him Despite Receiving The Remand Report From The Ld. Ao.

For Appellant: NoneFor Respondent: Soumendu Kumar Das
Section 115BSection 144Section 148Section 69A

days is not justified. The ld. CIT(A) ought to have adjudicated the issue contested in appeal on merit as contemplate under section 250(6) of the Income Tax Act. Therefore, we restore this case to the file of the ld. P a g e | 4 Shri Ramchandra Dhopeshwarkar

M/S Svadeshi Enterprise (Hubli), Mumbai vs. ITO 17(3)-2, Mumbai

The appeal of the assesse is allowed for statistical purposes

ITA 877/MUM/2023[2014-15]Status: DisposedITAT Mumbai13 Jun 2023AY 2014-15

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailm/S Svadeshi Enterprise Vs. Ito 17(3)(2) (Hubli) 12-A, 1St Floor, Mumbai – 400 020 Yusuf Building, Veer Nariman Road, Flora Fountain, Mumbai – 400 023 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aapfs0181B Appellant .. Respondent Appellant By : Tejas Chandarana Respondent By : Harmesh Lal Date Of Hearing 07.06.2023 Date Of Pronouncement 13.06.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Is Filed By The Assesse Against The Order Passed By The Nfac, Delhi, Dated 15.03.2023 For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit(A) Has Erred In Law & On Facts In Passing The Ex-Parte Order & Thereby Confirming The Order Passed By The Assessing Officer The Learned Cit (A) Has Erred In Not Granting Proper Opportunity Of Hearing To The Appellant. 2. The Learned Cit(A) Has Erred In Law & On Facts In Confirming The Disallowance Of Compensation Paid To M/S. Svadeshi Enterprise (Mumbai) Amounting To Rs.10,00,00,000/-. 3. The Learned Cit(A) Has Erred In Law & On Facts In Confirming The Disallowance Of Commission & Brokerage Expenses Of Rs.1,12,36,000/- The Appellant Craves Leave To Add To, Amend, Alter Or Delete All Or Any Of The Foregoing Grounds Of Appeal.”

For Appellant: Tejas ChandaranaFor Respondent: Harmesh Lal
Section 143(2)Section 250(6)

ought to have adjudicated the issue contested the appeal on merit as per the material available on the record as contemplate in section 250(6) of the Income Tax Act that, the ld. CIT(A) would determine point in dispute and therefore, record reason on such point in support