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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)

Sau. Anandibai Hirachand Shah Phaltankar Trust, Pune, Maharashtra vs. Exemption Ward1(1), Income Tax Officer, Pune, Maharashtra

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

ITA 1540/PUN/2025[AY 2012-13]Status: DisposedITAT Pune10 Jul 2025

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.1540/Pun/2025 िनधा"रण वष" / Assessment Year : 2012-13 Sau. Anandibai Hirachand Vs. Ito (Exemptions), Shah Phaltankar Trust, Ward-1, Pune. Sinhgad Road, Manikbaug, Anandnagar, Pune- 411051. Pan : Aaits8972K Appellant Respondent Assessee By : None Revenue By : Shri Deepak Kumar Kedia Date Of Hearing : 10.07.2025 Date Of Pronouncement : 10.07.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Addl./Jcit(A)-7, Kolkata [‘Ld. Cit(A)’] Dated 19.06.2025 Pertaining To A.Y. 2012-13. 2. When The Case Called For None Appeared On Behalf Of The Assessee. However, On Perusal Of The Grounds Of Appeal & The Impugned Order, I Note That There Is Delay Of 742 Days In Filing Of The Appeal Before Ld. Cit(A) Which Was On Account Of Covid-19

For Appellant: NoneFor Respondent: Shri Deepak Kumar Kedia
Section 144Section 250(6)

case raised by the assessee in the grounds of appeal mentioned in Form No.35 and decide in accordance with law as contemplated in section 250(6) of the Act. Needless to mention that 3 proper opportunity of hearing should be granted to the assessee. Grounds of appeal raised

Vishnu Vardhan Cheruvu, Hyderabad vs. Deputy Commission of Income Tax, Circle-8, Pune

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

ITA 1522/PUN/2025[2018-19]Status: DisposedITAT Pune10 Jul 2025AY 2018-19

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.1522/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Vishnu Vardhan Cheruvu, Vs. Dcit, Circle-8, Pune. 308, A Block, Sri Krupa Towers, Sringeri Colony Street N1, Mohannagar, Kothaper, Hyderabad- 500035. Pan : Ajfpc8382H Appellant Respondent Assessee By : Shri Chetan Agarwal (Virtual) Revenue By : Shri Deepak Kumar Kedia Date Of Hearing : 10.07.2025 Date Of Pronouncement : 10.07.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 17.04.2025 Relevant To A.Y. 2019-20. 2. At The Outset, Ld. Counsel For The Assessee Submitted That Ld. Cit(A)/Nfac Did Not Condone The Delay Of 333 Days & Also Did Not Provide An Opportunity To Provide The Reasons For Delay. It Is Also Submitted That The Delay Was On Account Of Tax Consultant Who Is Looking After The Taxation Work. Ld. Dr Has Not Raised Any Objection If The Delay Is Condoned & Matter Is Restored To The File Of Ld. Cit(A)/Nfac.

For Appellant: Shri Chetan Agarwal (Virtual)For Respondent: Shri Deepak Kumar Kedia
Section 250(6)

raised by the assessee in the instant appeal back to the file of Ld. CIT(A)/NFAC for necessary adjudication as contemplated in section 250(6) of the Act. Needless to mention that Ld. CIT(A)/NFAC shall afford reasonable opportunity of hearing to the assessee. Finding

Mobite Technologies Pvt. Ltd., Pune vs. ITO, Ward, 7(1), Pune

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

ITA 1258/PUN/2025[2021-22]Status: DisposedITAT Pune10 Jul 2025AY 2021-22

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं./Ita No.1258/Pun/2025 िनधा"रण वष" / Assessment Year: 2021-22 Mobite Technologies Private V The Income Tax Officer, Limited, S. Ward-7(1), Pune. A-701, Victoria Garden, Nagar Road, Kalyani Nagar, Pune – 411006. Maharashtra. Pan: Aafcm7197J Appellant/ Assessee Respondent / Revenue Assessee By Shri Abhay Avachat – Ar Revenue By Smt. Shilpa Nc – Addl.Cit(Dr) Date Of Hearing 03/07/2025 Date Of Pronouncement 10/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: The Assessee Has Filed An Appeal Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal)-10, Delhi Passed Under Section 250 Of The Income Tax Act, 1961 Dated 12.02.2025 For A.Y.2021-22, Emanating From The Order U/S.143(1) Of The Act. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ao Cpc Has Erred In Rejecting Concessional Rate Of Income Tax Of 22% Adopted By Assessee For Calculation Of Tax Liability As Per Itr U/S 115Baa & The Ld. Cit A Erred In Confirming The Same

Section 115Section 115BSection 115JSection 143Section 143(1)Section 234BSection 250

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