ROSELABS BIOSCIENCE LIMITED,AHMEDABAD vs. ITO, WARD-3(1)(3),, AHMEDABAD

This assessee’s appeal for A.Y. 2013-14, arises from order of the CIT(A)-9, Ahmedabad dated 13-12-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

At the time of hearing, none appeared on behalf of the appellant-assessee. Last opportunity of hearing was given to the assessee fixing the date of hearing on 09/12/2019. Despite this, the assessee remained unrepresented. In the Page No 2 Roselabs Bioscience Ltd vs. ITO aforementioned peculiar facts and circumstances of the case, in the absence of any representation on behalf of the assessee or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly the only alternative left is to dismiss the appeal of the assessee in limine. Support is drawn from the order of the Tribunals in Commissioner of Income Tax vs. Multi Plan India (P) Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holka vs. CWT: 223 ITR480 (M.P.).

Before parting, it is appropriate to add that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing, it would be at liberty if so advised to pray for a recall of this order.

In the result, the appeal of the Assessee is dismissed. Order pronounced in the open court on 09-12-2019