SHRI RAJESH PRAVINCHANDRA SHAH, HUF,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(2)(4), AHMEDABAD

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ITA 1952/AHD/2017Status: DisposedITAT Ahmedabad26 April 2019AY 2009-101 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal presumed that the assessee is not interested in pursuing the appeal. Therefore, the appeal was dismissed for want of prosecution.

What were the facts?

The assessee is in appeal against an order of the CIT(A) for the assessment year 2009-10. The assessee did not appear for the hearing despite proper service of notice.

What were the issues?

Whether the appeal should be dismissed for non-prosecution when the assessee fails to appear for the hearing.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, AHMEDABAD – BENCH ‘SMC’

Before: SHRI RAJPAL YADAV

Hearing: 26/04/2019Pronounced: 26/04/2019

आयकर अपील�य अ�धकरण, अहमदाबाद �यायपीठ - अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD – BENCH ‘SMC’ BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER आयकर अपील सं./ ITA No.1952/Ahd/2017 �नधा�रण वष�/Asstt. Year: 2009-2010 Rajesh Pravinchandra Shah (HUF) Vs. ITO, Ward-2(2)(4) Ahmedabad. 32, Ellora Park Society Narangpura Ahmedabad अपीलाथ�/ (Appellant) �त् यथ�/ (Respondent)

Assessee by : None Revenue by : Shri Rajesh Meena, Sr.DR सुनवाई क� तार�ख/Date of Hearing : 26/04/2019 घोषणा क� तार�ख /Date of Pronouncement: 26/04/2019 आदेश/O R D E R Assessee is in appeal against order of the ld.CIT(A)-10, Ahmedabad dated 28.6.2017 passed for the Asstt.Year 2009-10.

None appeared on behalf of the assessee. Notice of hearing was 2. sent to the assessee through RPAD post, which was duly served by the postal authority, as the RPAD acknowledgement slip was received back and placed on record. Assessee has not filed any adjournment application nor intimated reason for non-appearance on the date of hearing. In view of this, it is presumed that the assessee is not interested in prosecuting its appeal before the Tribunal, therefore, appeal of the assessee stands dismissed for want of prosecution following decision of the ITAT, Delhi Bench in CIT Vs. Multiplan India Pvt. Ltd., 38 ITD 320 (Delhi).

Order pronounced in the Court on 26th April, 2019.

Sd/- (RAJPAL YADAV) JUDICIAL MEMBER Ahmedabad; Dated 26/04/2019

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