Section 250(6) of the Income Tax Act

Income-tax Act, 2025: s.359

Section 250(6) falls under section 250 of the Income-tax Act, 1961, which corresponds to section 359 (Procedure in appeal) of the Income-tax Act, 2025.

Read section 359 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 250(6) is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 of the 6,270 judgments on BharatTax that turn on this section.

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.

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.

Commissioner of Income Tax Madras v. Chenniyappa Mudiliar
1 SCC 591 · 1985 · Reported
225
citing judgments

The appellate tribunal must render a proper decision on both facts and law, disposing of an appeal on its merits rather than dismissing it solely due to the appellant's absence. This obligation is derived from Section 33(4) of the Income Tax Act, 1922, and reflects principles of natural justice.

Vijay Shrinivasrao Kulkarni v. Income-tax Appellate Tribunal
171 Taxmann.com 696 · 2025 · High Court
200
citing judgments

The ITAT fails to uphold natural justice when it doesn't address an infirmity regarding an assessee being denied a proper opportunity of being heard before the CIT(Appeals)/NFAC dismissed the matter ex-parte.

Commissioner of Income-tax (Central) Nagpur v. Premkumar Arjundas Luthra (HUF)
69 Taxmann.com 407 · 2016 · High Court
159
citing judgments

The Commissioner (Appeals) cannot dismiss an appeal for non-prosecution; the law does not empower them to do so. The appeal must be decided on merits and in writing, stating points for determination, decision, and reasons.

Judgments on Section 250(6)

Rajeev Ranjan, Naubatpur vs. Assessing Officer, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 348/PAT/2023[2017-2018]Status: DisposedITAT Patna23 Dec 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.348/Pat/2023 Assessment Year: 2017-18 Rajeev Ranjan………………….……………………………………….…..……Appellant C/O Kanhaiya Prasad Sharma, Naubatpur, Gopalpur, Bihar – 801109. [Pan: Anipr8115J] Vs. Ito, Ward-5(1), Patna…………………......….........……........……...…..…..Respondent Appearances By: Shri Abhishek Agrawal, Ca, Appeared On Behalf Of The Appellant. Shri Ajay Kr. Shukla, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : December 23, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.10.2023 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. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income By Declaring Total Income For The Assessment Year 2017-18 At Rs.3,68,850/-. The Case Of The Assessee Was Selected For Scrutiny Followed By Notices Issued U/S 143(1) & 143(2) Of The Act. However, The Assessee Failed To Comply With The Notices Issued By The Assessing Officer. Accordingly, The Assessing Officer Based On Material Available Passed An Ex Parte Order U/S 144 Of The Act By Making Addition Of Rs.1,05,76,650/- & Added The Same To The Total Income Of The Assessee.

Section 143(1)Section 144Section 250Section 250(6)

Balhanuman Commodities Private Limited, Kolkata vs. CIT(A), NFAC

The appeal of the assessee is allowed for statistical purposes

ITA 1129/KOL/2024[2012-13]Status: DisposedITAT Kolkata23 Dec 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1129/Kol/2024 Assessment Year: 2012-13 Balhanuman Commodities Pvt. Ltd..……………………....Appellant 309, B. B. Ganguly Street, W.B – 700012. [Pan: Aadcb6195K] Vs. Cit(A), Nfac………………..….…….…............................…..…..... Respondent Appearances By: Shri Manish Tiwari, Advocate, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 23, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.03.2024 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. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant Assessment Year By Declaring An Income Of Rs.5590/-. The Case Of The Assessee Was Selected For Scrutiny Assessment. The Case Of The Assessee Was Assessed U/S 144 Of The Act & Statutory Notices Were Issued To The Assessee. But The Notices Could Not Be Served On The Assessee As The Business Of The Assessee Had Been Closed & There Was No Response To The Notices Issued. Due To The Non- Compliance, The Assessing Officer Compelled To Frame The Assessment Order U/S 144 Of The Act. On The Basis Of Material Available On Record, The Assessing Officer Added A Sum Of Rs.30,50,000/- Representing

Section 144Section 250Section 250(6)

Dilip Kumar Singh and Sons, Patna vs. Income Tax Officer Ward 4(1), Patna

The appeal of the assessee is allowed for statistical purposes

ITA 312/PAT/2024[2015-16]Status: DisposedITAT Patna19 Dec 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.312/Pat/2024 Assessment Year: 2015-16 Dilip Kumar Singh & Sons….. ……..……………………....Appellant C/O Dilip Kr. Singh, East Lohanipur, Pustakalaya Lane, Kadamkuan, Patna- 800003. [Pan: Aaihd8902J] Vs. Ito, Ward-4(1), Patna……. ….…….…............................…..…..... Respondent Appearances By: Shri D. V. Pathy, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 19, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.02.2024 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. Brief Facts Of The Care Are That The Assessee Entered Into A Land Development Agreement With M/S Sankalp Construction During The Relevant Assessment Year. The Assessing Officer Noticed That As Per The Agreement, The Total Value Of Land Was Rs.4,41,14,025/- & The Value Of Share Owned By The Assessee At One Sixth Share Of 50% Of Land Owned By The Assessee Which Stands At Rs.36,76,169/-. On Perusal Of Records, The Assessing Officer Found That The Assessee Has Not Filed Any Return Of Income Nor Made Any Compliance, Therefore, He Issued Notice U/S 148

Section 144Section 148Section 249(2)Section 250Section 250(6)