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)

Sunil Pandurang Mantri, Mumbai vs. Deputy Commissioner of Income Tax, Mumbai

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

ITA 2804/MUM/2022[2013-14]Status: DisposedITAT Mumbai10 Apr 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No. 2804/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Sunil Pandurang Mantri बिधम/ Dcit-4(2), Central Rang- Flat No.3/4, Ground Floor, 4 Vs. Kamal Building, 69, Room No. 1918, Air India Walkeshwar Road-400006. Building, Nariman Point- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abnpm4825D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Abhishek Jhunjhunwala Revenue By: Shri Dharmvir D. Yadav (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/02/2023 घोषणा की तारीख /Date Of Pronouncement: 10/04/2023 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. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 22.09.2022 For Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit/Nfac In Passing The Impugned Order Ex-Parte On The Ground That The Assessee Has Not Filed Any Submission Pertaining To The Grounds Of Appeal Raised By The Assessee Before Him. However, It Was Pointed Out By The Ld. Ar That The Assessment Order Was Passed By The Ao Dated 18.07.2016 U/S 144 Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Against The Same, The Assessee Had Preferred An Appeal Before The Ld. Cit(A)-52, Mumbai Wherein The Assessee Had Filed Written Submission Vide Letter Dated 08.12.2017 A Copy Of Which Is Found Placed At Page No. 10 To 25 Of Pb, Which We Note Have Endorsement Of The Office Of The Ld. Cit(A) Dated 09.01.2018. The Ld.

For Appellant: Shri Abhishek JhunjhunwalaFor Respondent: Shri Dharmvir D. Yadav (Sr. AR)
Section 144Section 250(6)

Riya Sunil Jain, Mumbai vs. ITO, Ward-6(2)(1), Mumbai

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

ITA 229/MUM/2023[207-18]Status: DisposedITAT Mumbai31 Mar 2023

Bench: Shri Amarjit Singhriya Sunil Jain Vs. The Income Tax Officer, 1114/1115, Clover Ward – 6(2)(1) Regency, Ramji Ashar Room No. 510, 5 Th Floor, Lane, Ghatkopar, Aaykar Bhavan, Mumbai – 400077 M.K. Road, Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Bcepj4734M Appellant .. Respondent Appellant By : Ms. Priyanshi Desai Respondent By : C.T. Mathews Date Of Hearing 23.03.2023 Date Of Pronouncement 31.03.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Solitary Ground Of Appeal Of The Assesse Is Directed Against The Nfac In Sustaining The Addition Of Rs.2,45,000/- Made U/S 69A Of The Act On Account Of Cash Deposit In The Bank Account By The Assesse As Unexplained Money. 2. The Fact In Brief Is That Return Of Income Declaring Total Income Of Rs.3,20,300/- Was Filed On 31.07.2017. The Case Was Subject To Scrutiny Assessment & Notice U/S 143(2) Of The Act Was Issued On 21.09.2018. During The Course Of Assessment The A.O Noticed From The Data Collected From The Bank That Assessee Has Deposited Cash Of Rs.2,45,000/- In Bank Account Maintained With Bank Of India Ghatkopar East Branch. During The Course Of Assessment The Assessee

For Appellant: Ms. Priyanshi DesaiFor Respondent: C.T. Mathews
Section 142(1)Section 143(2)Section 250(6)Section 69A