← 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)

Archanaben Rajendrasingh Deval, Ahmedabad vs. The Income Tax Officer, TDS Ward-1, Ahmedabad

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

ITA 1465/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad02 Apr 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.1465/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2015-16 Archanaben Rajendrasingh Deval बनाम / V/S. The Income Tax Officer Tds Ward-1, Ahmedabad – 380 014 42, Tirth Bhumi Co-Op. Society Near Dhara Soap Factory Nikol Gam Road, Nikol, Ahmedabad – 382 350 स्थायी लेखा सं./Pan: Ahzpd 2745 D (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Assessee By : Shri Jaimin Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख /Date Of Hearing : 01/04/2025 घोषणा की तारीख / Date Of Pronouncement: 02/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 30.03.2023 Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Ld. Cit(A)"], Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], For The Assessment Year (Ay) 2015–16. The Appeal Arises From The Order Of The Income Tax Officer, Tds Ward-1, Ahmedabad

For Appellant: Shri Jaimin Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 194ISection 201Section 201(1)Section 250

approach of the appellate authority, in summarily concurring with the AO without addressing these key issues, does not meet the standard required under section 250(6) of the Act. 9. 6. In view of the above findings, the demand raised under section

Gangappa Dundappa Agasar, Belagavi vs. Income Tax Officer, Ward - 1(5), Belagavi

ITA 28/PAN/2025[2017-18]Status: DisposedITAT Panaji01 Apr 2025AY 2017-18

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 028/Pan/2025 Assessment Year : 2017-18 Gangappa Dundappa Agasar Badli, Saundatti, Belgaum-591111 Pan : Apzpa2849H . . . . . . . Appellant V/S Income Tax Officer, Ward-2(1), Goa. . . . . . . . Respondent Appearances Assessee By : None For The Assessee Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 01/04/2025 घोषणा की तारीख / Date Of Pronouncement : 01/04/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/1065969614(1) Dt. 24/06/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 02/12/2019 Passed U/S 144 Of The Act By The Income Tax Officer, Ward-5, Belgavi [‘Ld. Ao’ Hereinafter] Anent To Assessment Year 2017-18 [‘Ay’ Hereinafter].

For Appellant: None for the AssesseeFor Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 142(1)Section 144Section 250Section 250(6)Section 251(1)(a)Section 69A

NFAC is required to state point of determination, decision thereon and reasons therefore in terms of section 250(6) of the Act. A plain reading of above section reveals that, it was incumbent upon Ld. NFAC to make necessary enquiries before passing an order and while doing so it necessitates