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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)

Shree Sihor Peoples Co. Op. Credit Society Limited, Bhavnagar vs. The ITO, Ward-1(8), Bhavnagar

In the result, the appeal filed by the assessee is allowed

ITA 169/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2017-18

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 169/Ahd/2025 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Shree Sihor Peoples Co. The Income Tax Officer Op. Credit Society Ward-1(8), Bhavnagar Vs. Limited Mota Chowk, At Sihor, Sihor – 364240, District: Bhavnagar, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeas5202M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri B. R. Popat, Ar. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr 17/04/2025 Date Of Hearing Date Of Pronouncement 25/04/2025 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi (In Short ‘The Cit(A)’) Under Section 250(6) Of The Income Tax Act, 1961 (In Short ‘The Act’) Dated 30.11.2024 Pertaining To Assessment Year 2017-18. 2. The Grounds Raised In The Appeal By The Assessee Are As Under:

For Appellant: Shri B. R. Popat, ARFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 250(6)Section 68

against the order passed by the Commissioner of Income Tax(Appeals), National Faceless Appeal Centre (NFAC), Delhi (in short ‘the CIT(A)’) under Section 250(6) of the Income Tax Act, 1961 (in short ‘the Act’) dated 30.11.2024 pertaining to Assessment Year 2017-18. 2. The grounds raised

Parth Dinesh Patel, Mehsana vs. The Income Tax Officer, Ward-1, Patan

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 137/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.137/Ahd/2024 & 138/Ahd/2024 िनधा"रण वष" /Assessment Years : 2015-16 & 2016-17 Parth Dinesh Patel The Income Tax Officer बनाम/ 18/19, Utkarsh Society Ward-1, V/S. Opp. Market Yard Patan – 384 265 Tal. Visnagar, Mehsana Gujarat – 384 315 "थायी लेखा सं./Pan: Bwrpp 7811 A (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/04/2025 घोषणा की तारीख /Date Of Pronouncement: 25/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals Are Filed By The Assessee Against The Separate Orders Dated 01.12.2023 Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], Arising Out Of Reassessment Orders Framed Under Section 147 R.W.S. 144B Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], By The National Faceless Assessment Centre (Nfac), Delhi [Hereinafter Referred To As “Assessing Officer /Ao”] For The Assessment Years (Ays) 2015–16 & 2016–17, Respectively. As The Issues Involved In Both The Appeals Are Common

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 147Section 148Section 68

assessee’s appeals ex parte without adjudicating the matter on merits or providing reasoned findings in terms of section 250(6) of the Act. 7.3. Before us, the assessee has now produced documentary evidence to show that the unsecured loans in question were subsequently repaid through regular banking channels. Although