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 Payal Nivesh & Viniyog Pvt. Ltd, Kolkata vs. DCIT, Circle-1(2), Kolkata

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

ITA 1576/KOL/2016[2005-06]Status: DisposedITAT Kolkata05 Jan 2018AY 2005-06

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2005-06 M/S Payal Nivesh & Dcit, Circle-1(2), बनाम / Viniyog Pvt. Ltd., 7A, Aayakar Bhawan, P/7, V/S. Hospital Street, 1St Floor, Chowringhee Square, Kokata-72 Kolkata-69 [Pan No.Aabcp 5162 G] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri S.K. Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant Shri Arinidam Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 01-01-2018 सुनवाई क" तार"ख/Date Of Hearing घोषणा क" तार"ख/Date Of Pronouncement 05-01-2018 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)-1, Kolkata Dated 31.05.2016. Assessment Was Framed By Dcit, Circle-1, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 22.05.2007 For Assessment Year 2005-06. The Grounds Raised By The Assessee Per Its Appeal Are As Under:- “1. That, On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred & Acted Against The Principal Of Natural Justice In Having Passed The Ex Parte Appellate Order Without Affording Adequate Opportunity Of Being Heard To The Appellant. 2. That, Therefore, As The Order Of The Ld. Cit(A) Is A Nullity For The Failure To Conform To The Principle Of Natural Justice Leading To Unfair Play In Action, The Same Was Arbitrary, Unwarranted. Invalid & Not Sustainable In Law & The Same Is Liable To Be Quashed. 3. That, Without Any Prejudice To The Above, The Ld. Cit(A) Erred In Having Presumed For Alleged Non- Compliance On Two Dates That The Appellant Did Not Want To Pursue

Section 143(3)Section 14ASection 14A(1)

Shri Ashoke Das, Kolkata vs. ACIT, Cir-25, Kolkata

In the result, assessee’s appeal stands allowed for statistical purpose

ITA 785/KOL/2016[2010-2011]Status: DisposedITAT Kolkata17 Nov 2017AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Shri Ashok Das Acit, Circle-25, बनाम Nabagram, Panchpota, Aayakarr Bhawn, / V/S. Garia,Kolkata-152 Dakhin, 2, Gariahat, [Pan No.Aexpd 0724 M] Road (South), Kolkta-68 .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri Arindam Bhattacharjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 02-11-2017 सुनवाई क" तार"ख/Date Of Hearing 17-11-2017 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)-7, Kolkata Dated 16.02.2016. Assessment Was Framed By Acit, Circle-53, Kolkata U/S 143(3) Of The Income Tax Act, 1961 Vide His Order Dated 19.03.2013 For Assessment Year 2010-11. 2. At The Time Of Hearing, We Find That Neither Anybody Appeared On Behalf Of Assessee Nor Any Application For Adjournment Was Filed. However, We Noticed That The Ld. Cit(A) Has Passed The Ex-Parte Order. Therefore, We Decided To Dispose Of The Appeal After Considering The Material Available On Records & In The Absence Of Assessee/ His Authorized Representative. 3. At The Outset, It Was Observed That The Case Was Fixed For Hearing On Several Dated But None Appeared On Behalf Of Assessee. Therefore, The Appeal Was Decided By Ld. Cit(A) As Ex Parte On 16.02.2016. Against The Impugned Ex Parte Order Of Ld.

Section 143(3)Section 250(6)