DEEPAKKUMAR NAVINCHANDRA GANDHI,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-5(2), AHMEDABAD
What did the Tribunal hold?
The Tribunal, following precedent, dismissed the appeal in limine due to the assessee's non-appearance and lack of interest in prosecuting the appeal. The assessee retains the liberty to seek recall of the order if prevented by sufficient cause.
What were the facts?
The assessee's appeal was listed for hearing on 05-02-2019. No one appeared on behalf of the assessee, nor was an adjournment application filed. The notice of hearing was duly served.
What were the issues?
The primary issue was the assessee's failure to appear for the hearing and prosecute the appeal.
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- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH
Before: SHRI MAHAVIR PRASAD & SHRI AMARJIT SINGH
PER MAHAVIR PRASAD, JUDICIAL MEMBER
This appeal filed by the Assessee is directed against the order of the Ld. CIT(A)-5, Ahmedabad dated 18.05.2016 pertaining to A.Y. 2005-06.
ITA No. 1864/Ahd/2016 2 . A.Y. 2005-06 2. On the date of hearing i.e. on 05-02-2019, none appeared on behalf of Assessee nor an adjournment application was filed on behalf of the Assessee though the notice fixing the date of hearing was served on Assessee, which indicates that the assessee is not interested in prosecuting the appeal, therefore, following the decision of ITAT Delhi Bench in the case of CIT Vs Multiplan India (Pvt.) Ltd., 38 ITD 320 (Del), we dismiss the appeal of the assessee in limine. The assessee shall however be at liberty to approach the Tribunal for recalling of this order, if prevented by sufficient cause for non-appearance on the date of hearing.
In the result, the appeal filed by the Assessee is dismissed.
Order pronounced in Open Court on 06 - 02- 2019
Sd/- Sd/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad: Dated 06/02/2019 Rajesh Copy of the Order forwarded to:- 1. The Appellant. 2. The Respondent. 3. The CIT (Appeals) – 4. The CIT concerned. 5. The DR., ITAT, Ahmedabad. 6. Guard File. By ORDER
Deputy/Asstt.Registrar ITAT,Ahmedabad
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