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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)

Rajendra Narottamdas Sheth, Surat vs. Idcit Central Circle-2(1)(1), Surat

The appeal of the assessee is treated as allowed for statistical purposes

ITA 84/SRT/2025[2012-13]Status: DisposedITAT Surat27 May 2025AY 2012-13

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita No.84/Srt/2025 िनधा"रण वष" /Assessment Year : 2012-13 Rajendra Narottamdas Sheth Deputy Commissioner Of बनाम/ A-202, Parshwa Darshan Co- Income Tax V/S. Op. Housing Society Central Circle-2(1)(1) Opp.Navyug College Surat – 395 001 Surat – 395 009 "थायी लेखा सं./Pan: Afxps 2264 Q (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri P.M. Jagasheth, Ca Revenue By : Shri Mukesh Jain, Cit(Dr) सुनवाई की तारीख/Date Of Hearing : 30/04/2025 घोषणा की तारीख /Date Of Pronouncement: 27/05/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 07/05/2024 For The Assessment Year (Ay) 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. On The Facts & In The Circumstances Of The Case As Well As The Law On The Subject, The Learned Commissioner Of The Income Tax (Appeals) Has Erred In Confirming The Rajendra Narottamdas Sheth Vs. Dcit Asst. Year : 2012-13

For Appellant: Shri P.M. Jagasheth, CAFor Respondent: Shri Mukesh Jain, CIT(DR)
Section 147Section 148Section 250Section 250(6)Section 68

conclusions. This exercise of power at the end of the Ld.CIT(A) is not in coherence with the mandate of section 250(6) of the Act. 4. In view of the above observations, in our view, the interests of justice will be well served, if the assessee is given