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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)

Abdul Nasir, New Delhi vs. ITO, Ward-63(2), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 8630/DEL/2019[2011-12]Status: DisposedITAT Delhi28 Jul 2021AY 2011-12

Bench: Shri R.K. Pandaassessment Year: 2011-12 Abdul Nasir, Vs Ito, 7900, Gali Haji Mehboob Wali, Ward-63(2), Mohalla Shaikhan, New Delhi. Sadar Bazar (Nai Basti, Bara Hindu Rao), Delhi. Pan: Abxpn8345B (Appellant) (Respondent) Assessee By : None Revenue By : Shri Vijay Kumar Kataria, Sr. Dr Date Of Hearing : 28.07.2021 Date Of Pronouncement : 28.07.2021 Order This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 30Th August, 2019 Of The Cit(A)-20, New Delhi, Relating To Assessment Year 2011- 12. 2. None Appeared On Behalf Of The Assessee Despite Issue Of Notice Through Rpad. Therefore, This Appeal Is Being Decided On The Basis Of The Material Available On Record & After Hearing The Ld. Dr. 3. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming An Addition Of Rs.18,22,800/- Made By The Ao To The Total Income Of The Assessee.

For Appellant: NoneFor Respondent: Shri Vijay Kumar Kataria, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 250(6)

fact that the ld.CIT(A) has not decided the appeal on merit which he is required to do as per the provisions of section 250(6). As per the provisions of section 250(6), the order of the CIT(A) disposing of the appeal shall be in writing and shall