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)

M/S. Revive Traders Pvt. Ltd., Kolkata vs. ITO, Ward - 12(2), Kolkata

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

ITA 2478/KOL/2017[2010-11]Status: DisposedITAT Kolkata07 Mar 2018AY 2010-11

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2478/Kol/2017 Assessment Year: 2010-11 M/S. Revive Traders Pvt. Ltd. ...............................………………………………………....Appellant 15, Sir Hariram Goyanka Street, Kolkata – 700 007 [Pan: Aadcr 6363 F] I.T.O. Ward 12(2) Kolkata,...................……………………………………………..........Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata – 700 069 Appearances By: None Appearing On Behalf Of The Assessee. Shri Imlimeren Jamir, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 05, 2018 Date Of Pronouncing The Order : March 07, 2018 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 16, Kolkata Dated 30.10.2017 Passed Ex-Parte Dismissing The Appeal Filed By The Assessee Before Him. 2. The Assessee In The Present Is A Company Which Filed Its Return Of Income For The Year Under Consideration Originally On 26.03.2011 Declaring A Total Income Of Rs. 11,007/-. The Said Return Was Initially Processed By The A.O. Under Section 143(1)(A) Of The Act On 04.06.2011. The Assessment However Was Subsequently Reopened By Him On The Basis Of Certain Information Gathered During The Course Of Search & Seizure Action Conducted In The Badalia Group Of Cases & After Recording The Reasons, A Notice Under Section 148 Was Issued By Him On 11.09.2012. Although There Was No Response Initially By The Assessee To The Said Notice Issued By A Fixture, The Authorised

Section 143(1)(a)Section 143(3)Section 147Section 148Section 250

Vivek Barter Pvt.Ltd., Kolkata vs. ITO, Ward-5(4), Kolkata

In the result, for statistical purpose, appeal of assessee stands allowed

ITA 110/KOL/2017[2012-13]Status: DisposedITAT Kolkata28 Feb 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Vivek Barter Pvt Ltd. V/S. Income Tax Officer, 32, Ezra Street, 4Th Floor, Ward-5(4), 8Th Floor, Room No.403, Aaykar Bhavan, P-7, Kolkata-001 Chowringhee Square, [Pan No.Aaacv 8952 B] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sunil Surana, Fca अपीलाथ" क" ओर से/By Appellant Shri Arindam Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 27-02-2018 सुनवाई क" तार"ख/Date Of Hearing 28-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Kolkata Dated 06.12.2016. Assessment Was Framed By Ito Ward-5(4), Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 20.03.2015 For Assessment Year 2012-13. The Grounds As Raised By The Assessee Reads As Under:- “1. For That The L. Cit(A) Erred In Deciding The Appeal X Parte Without Allowing The Appellant Any Proper & Reasonable Opportunity Of Being Heard & In Fact The Last Notice Issued For Hearing On 1.12.2016 Was Never Served On The Appellant. 2. For That The Order Passed By The Ld. Cit(A) Is Bad In Law Since The Ld. Cit(A) Has Not Decided The Issues Ground-Wise In Respect Of The Grounds Raised By The Appellant In The Memo Of Appeal. 3. For That The Ld. Cit(A) Is Bad In Law Since The Order Passed Is Not Any Speaking Order Nor The Cit(A) Has Looked Into The Assessment Records & Relevant Materials To Conclude That The Order Of The Ld. Ao Cannot Be Interfered With.

Section 143(3)Section 250(6)

Divya Electronics Pvt. Ltd., Kolkata vs. ITO(Tech), Kolkata

In the result, for statistical purpose, appeal of assessee stands allowed

ITA 109/KOL/2017[2012-13]Status: DisposedITAT Kolkata28 Feb 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Divya Electronics Pvt. V/S. Income Tax Officer Ltd., 32 Ezra Street, 4Th (Tech-2), 3Rd Floor, Floor, Room No.404, Aaykar Bhawan, Kolkata-001 Kolkata-69 [Pan No.Aaacd 9721 C] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sunil Surana, Fca, अपीलाथ" क" ओर से/By Appellant Shri Arindam Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 27-02-2018 सुनवाई क" तार"ख/Date Of Hearing 28-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-23, Kolkata Dated 25.11.2016. Assessment Was Framed By Ito(Tech-2), Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.03.2015 For Assessment Year 2012-13.Grounds Raised By Assessee Are Reproduced Below:- “1. For That The Ld. Cit(A) Erred In Deciding The Appeal Ex Parte Without Allowing The Appellant Any Proper & Reasonable Opportunity Of Being Heard. 2. For That The Order Passed By The Ld. Cit(A) Is Bad In Law Since The Ld. Cit(A) Has Not Decided The Issues Ground-Wise In Respect Of The Grounds Raised By The Appellant In The Memo Of Appeal. 3. For That The Ld. Cit(A) Is Bad In Law Since The Order Passed Is Not Any Speaking Order Nor The Cit(A) Has Looked Into The Assessment Records & Relevant Materials To Conclude That The Order Of The Ld. Ao Cannot Be Interfered With. 4. For That On The Facts & In The Circumstances Of The Case The Order Passed By The Ld. Cit(A) Is Not Maintainable.

Section 143(3)Section 250(6)