ANAND KUMAR TIWARI,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 13, NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘A’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA Nos.5406 to 5412/Del./2017 (ASSESSMENT YEAR : 2005-06 to 2011-12) Anand Kumar Tiwari, vs. DCIT, Central Circle 13, 6, Southern Avenue, New Delhi. Maharani Bagh, New Delhi – 110 065.

(PAN : AAGPT4237N) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri P. Praveen Sidharth, CIT DR Date of Hearing : 21.12.2022 Date of Order : 23.12.2022 ORDER PER BENCH : These are appeals by the assessee against the common order of ld. CIT (A) dated 30.01.2017 pertaining to AYs 2005-06 to 2011-12. 2. Assessment orders in all these cases have been framed ex-parte as assessee did not cooperate. Before the ld. CIT (A) also, none appeared.

Against the order of ld. CIT (A), assessee has filed appeals before the ITAT. 3. At the outset, it is noted that there is a delay of 61 days in filing the appeal before the ITAT. In the condonation petition, it has been mentioned

2 ITA Nos.5406 to 5412/Del./2017 that the assessee was suffering from ailment. However, no evidence in this regard has been attached. Despite several notices, assessee has also not

appeared before the ITAT. The Department was directed to serve the notice and vide letter dated 21.12.2022, the Revenue has informed as under :- “ Kindly refer to the subject cited above. In this regard as directed, a report of Shri Rajveer Singh, Notice Server O/o DCIT, Circle 4 (2), New Delhi is being attached herewith for kind necessary action. Further it is submitted that the family of the assessee has denied to provide the information of legal heir in the case of Late Shri Anand Kumar Tiwari. However, it is also submitted that the notice of hearing has also been sent through speed posit vide ED 506463481 IN dated as per last communication address available on record and through email also (copy enclosed herewith for ready reference). But the same is remains uncomplied from the assessee.” 4. In this view of the matter, we note that as per the intimation, assessee is no more and no information is being provided regarding the legal heir. Moreover, there is 61 days delay in filing the appeal without cogent reason. Accordingly, these appeals are dismissed in limine being time barred. 5. In the result, these appeals by the assessee stand dismissed. Order pronounced in the open court on this 23rd day of December, 2022. Sd/- sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 23rd day of December, 2022 TS

3 ITA Nos.5406 to 5412/Del./2017