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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)

Nasimben Sadikbhai Kotadia, Bhanvad vs. Income Tax Officer, Dwarka

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

ITA 72/RJT/2025[2010-11]Status: DisposedITAT Rajkot30 Apr 2025AY 2010-11

Bench: Dr. Arjun Lal Saini, Am. आयकर अपील सं./Ita No.72/Rjt/2025 "नधा"रणवष" / Assessment Year: (2010-11) Nasimben Sadikbhai Kotadia Vs. Income Tax Officer Ward-1, Sahmandli Vistar, Post At- Bhanvad, Dwarka-361335 Jamnagar-361 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bphpk6343B (Appellant) (Respondent) Appellant By : None Respondent By : Shri Abhimanyu Singh Yadav , Ld. Sr. (Dr) Date Of Hearing : 11/03/2025 Date Of Pronouncement : 30/04/2025 आदेश / O R D E R Dr. Arjunlal Saini Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (Appeals), Vide Order Dated 20/01/2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Dated 28/12/2017, U/S 143(3) Rw.S. 144 Of The Income Tax Act, 1961. 2. At The Time Of Hearing, None Appeared On Behalf Of Assessee Nor Filed Any Application For Adjournment Despite Issuance Of Notice For Hearing, On The Address Given By The Assessee, In Form-36 & Ld.Senior Departmental Representative For The Respondent / Revenue Was Present. In Absence Of Any Application Filed By The Assessee / Appellant, The Appeal Is Disposed Of Ex Parte, After Hearing Ld.Sr-Dr On Merits In Terms Of Rule 24 Of Income Tax Appellate Tribunal Rules, 1963.

For Appellant: NoneFor Respondent: Shri Abhimanyu Singh Yadav , Ld. Sr. (DR)
Section 143(3)Section 250(6)

assessee through ITBA portal. 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, as the order was passed by Ld.CIT(A), without hearing the assessee, and without considering details available in the assessment proceedings