← All Phrases

“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)

Kirti Shantilal Solanki, Una-Dist. Gir Somnath vs. Income Tax Officer Ward-4, Jnd-Veraval

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

ITA 100/RJT/2025[2017-18]Status: DisposedITAT Rajkot15 May 2025AY 2017-18

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.100/Rjt/2025 "नधा"रण वष"/Assessment Year : 2017-18 Kirti Shantilal Solanki Income Tax Officer, बनाम/ Prop. Of M/S Navinchanda & Ward-4, Jnd, Veraval, Vs Co. Main Bazar, Library Yogeshwar Bhavan, Opp. S.T. Chowk, Una Dist. Gir Bus Stand, Veraval-362 265 Somnath-362 560 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bscps 8298 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri R.D. Lalchandani, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumar Gupta, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 14/05/2025 घोषणा क" तार"ख /Date Of Pronouncement : 15/05/2025 आदेश/Order Per Dr. Arjun Lal Saini, A.M Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 17.12.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 144 Of The Act, On 19.12.2019. 2. At The Outset Itself, Shri R.D. Lalchandani, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of Violation Of Principle Of Natural Justice. Shri R.D.

For Appellant: Shri R.D. Lalchandani, ARFor Respondent: Shri Dheeraj Kumar Gupta, Sr-DR
Section 144Section 250Section 250(6)

served on the appellant. I also note that Ld. CIT(A) has not passed the order, as per the mandate of provisions of section 250(6) of the Act. That is, Ld. CIT(A) did not pass the order on merit ITA NO. 100/Rjt/2025 A.Y 17-18 Kirti S Solanki

Ashitkumar Ganesh Poria, Pune vs. The Deputy Commissioner of Income Tax, Central Circle 2(1), Pune

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

ITA 851/PUN/2025[2012-13]Status: DisposedITAT Pune15 May 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.851/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Ashitkumar Ganesh Poria, V The Dy.Cit(Central), 931, Raviwar Peth, Huseni S Circle-2(1), Pune. Trust, Near Dagadi Nagoba, Pune – 411002. Maharashtra. Pan: Aispp7097C Appellant/ Assessee Respondent / Revenue Assessee By Shri T.S.Shelke – Ar Revenue By Shri Madhan Thirmanpallil – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 15/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961; Dated 29.01.2025 For Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal : “1. During The Preceding Before Cit Appeal, The Appellant Has Requested Time For Preparation Of Submission & Explain The Disputed Issue Vide Letter Dated 28.01.2025, Acknowledgement

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

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

Paschim Nawpara Samabay Krishi Unnayan Samity Limited, Nadia vs. ITO, Ward - 41(3), Nadia

The appeal of the assessee is allowed for statistical purposes

ITA 39/KOL/2025[2017-18]Status: DisposedITAT Kolkata15 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.39/Kol/2025 Assessment Year: 2017-18 Paschim Nawpara Samabay Krishi Unnayan Samity Limited...….……….Appellant Nawpara, Noapara B.O. Paschim Noapara, Nadia, 741255, W.B. [Pan: Aadap3765F] Vs. Ito, Ward-41(3), Nadia…………….....................……........……...…..…..Respondent Appearances By: Shri P. K. Ray, R.C. Halder & Trideep Nayak, Advocates, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 15, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 24.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 282 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Are Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessing Officer Received Information Regarding Cash Deposits Made By The Assessee During The Period Of Demonetization I.E. From 09.11.2016 To 31.12.2016 Amounting To Rs.2,46,000/- & Rs.8,48,500/- Maintained With Nadia District Central Co-Op Bank Ltd., Ranaghat Branch, Nadia & Rs.2,19,500/-

Section 115BSection 133(6)Section 142(1)Section 250Section 250(6)Section 271ASection 69A

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Before Shri Sonjoy