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)

Pasari Enterprises Pvt. Ltd., Kolkata vs. ITO, Ward - 5(2), Kolkata

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

ITA 2175/KOL/2017[2008-09]Status: DisposedITAT Kolkata17 Jan 2018AY 2008-09

Bench: Shri P.M. Jagtap, Hon’Ble Am] I.T.A. No. 2175/Kol/2017 Assessment Year : 2008-09 M/S. Pasari Enterprises Pvt. Ltd. ..............................…………………………………..Appellant C/O. S.C. Soni & Co., 9, India Exchange Place, Room No. 7, 5Th Floor, Kolkata – 700 001 [Pan : Aadcp 0998 A] Income Tax Officer...................………………………………………………....................Respondent Ward No. 5(2), Kolkata, P-7, Chowringhee Square, Kolkata – 700 069 Appearances By: Shri Vivek Shaw, Accountant Assistant Appearing On Behalf Of The Assessee. Shri Amitava Bhattacharya, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 11, 2018 Date Of Pronouncing The Order : January 17, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) -2, Kolkata Dated 01.06.2017 Passed Ex-Parte Dismissing The Appeal Of The Assessee. 2. The Assessee In The Present Case Is A Company Who Derives Income From Rent & Upgradation Charges. The Return Of Income For The Year Under Consideration Was Filed By It On 29.09.2008 Declaring A Total Income At Nil. In The Assessment Completed Under Section 143(3) Vide An Order Dated 23.11.2010, The Total Income Of The Assessee Was Determined By The A.O. At Rs. 6,93,788/- After Making Certain Additions.

Section 143(3)Section 250Section 250(6)Section 6