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)

Padmanabhan Mohan, Chennai vs. The ITO, Intnl Taxn Ward-1(2), Chennai

In the result, the appeal of the assessee is dismissed

ITA 750/CHNY/2023[2017-18]Status: DisposedITAT Chennai13 Oct 2023AY 2017-18

Bench: Shri Manjunatha G & Shri Manomohan Dasआयकर अपील सं./Ita No.750/Chny/2023 िनधा)रण वष) /Assessment Year: 2017-18 Shri Padmanabhan Mohan, The Income Tax Officer, Aa-86, 1St Floor, Block C, Vs. International Taxation Ward-1(2), 4Th Street, 1St Main Road, Chennai. Annanagar West, Chennai – 600 040. [Pan: Azqpm-2586-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Venkata Raman, C.A ""यथ" क" ओर से /Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.09.2023 : 13.10.2023 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R Per Manomohan Das, J.M: This Appeal By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-16, Chennai [Cit(A)] Dated 16-03-2023 Passed Under Section 250(6) Of The Income Tax Act, 1961 [The Act] & Pertains To The Assessment Year [Ay] 2017-18. The Grounds Raised By The Assessee Are As Under: “1. That The Ld.Cit(A) Is Not Justified In Directing The Assessing Officer To Adopt The Cost Of Purchase Of The Property At Rs. 45,45,600/- As Against The Actual Cost Of Rs.51,84,000/- Incurred By The Appellant & Consequently Not Justified In Confirming The Disallowance Of Balance Cost/Of Rs.6,38,400/-. :- 2 -: 2. That The Ld.Cit(A) Is Not Justified In Confirming The Disallowance Of Rs.3,63,648/ Made By The Assessing Officer Towards Cost Of Registration Charges Claimed By The Appellant. 3. That The Ld.Cit(A) Ought To Have Directed The Assessing Officer To Allow The Benefit Of Indexation On The Above Cost.”

For Appellant: Shri R. Venkata Raman, C.A ""For Respondent: Shri D. Hema Bhupal, JCIT
Section 143(2)Section 250(6)

Savla Buildwell LLP, Mumbai vs. National Faceless Appeal Centre, Delhi

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

ITA 2065/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Oct 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2065/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Savla Buildwell Llp बिधम/ Ito, Ward-33(3)(3) 6.52, Mahavir Nagar, Near Kautilya Bhawan, Vs. Ganesh Kripa Society, Mumbai-400020. Ekta Nagar, Opp Bharat Petrol Pump, Link Road, Kandivali (West), Mumbai- 400067. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Absfs9884P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Smt. Himani Jain Revenue By: Shri Prakash Kishinchandani (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 22/09/2023 घोषणा की तारीख /Date Of Pronouncement: 06/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Llp Against The Order Of The Ld.Cit(A)/Nfac Dated 13.06.2020 For Ay 2012-13. 2. At The Outset, It Is Noted That This Tribunal Had Dismissed The Appeal Of The Assessee In The First Round As Not Maintainable, Since The Assessee Omitted To File The Grounds Of Appeal As Well As It Was An Ex-Parte Order Qua Assessee Dated 23.12.2022. However, The Assessee Preferred Miscellaneous Application (Ma) Against The Order Passed By The Tribunal Dated 23.12.2022 & The Tribunal Was Pleased To Recall The Order, Since The Tribunal Order Was An Ex-Parte Order.

For Appellant: Smt. Himani JainFor Respondent: Shri Prakash Kishinchandani (Sr
Section 250Section 250(6)

Nawab Ali, Ambedkar Nagar vs. ITO-3, Ambedkar Nagar

In the result, the appeal of the assessee is allowed

ITA 15/ALLD/2023[2017-18]Status: DisposedITAT Allahabad04 Oct 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.15/Alld/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Nawab Ali Fatehpura बिधम/ Ito-3 Pakaddi Ambedkar Nagar. Vs. Shahzadpur, Amkbedkar Nagar, U.P.-224122. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Bbnpa4922L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri A. K. Singh (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 14/09/2023 घोषणा की तारीख /Date Of Pronouncement: 04/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 15.06.2022 For Ay. 2017-18. 2. None Appeared For The Assessee. At The Outset, It Is Noted That Assessee Has Filed Application For Condonation Of Delay 171 Days For Filing Of Appeal Before This Tribunal. In This Regard, It Is Noted That The Impugned Order Of The Ld. Cit(A) Was Dated 15.06.2022 & The Assessee Has Filed The Same On 15.02.2023. According To The Assessee, The Impugned Order Got Misplaced In The File & The Assessee Only Realized The Same On 01.02.2023. & Thereafter, Immediately Filed The Appeal Before This Tribunal. In Order To Support The Aforesaid Explanation, Assessee Had Filed An Affidavit. Taking Note Of The Contents Of The Affidavit & Taking Note That There Was No Deliberate Intention On He Part Of Assessee In Not Filing The Appeal, I Am Inclined To Condone The Delay & Admit The Appeal For Hearing.

For Appellant: NoneFor Respondent: Shri A. K. Singh (Sr. DR)
Section 250Section 250(6)