KAALSOHI PAPER TRADERS PRIVATE LIMITED,MUMBAI vs. ITO WARD 5(2)(1) MUMBAI, MUMBAI

Neither the assessee nor his representative appeared when the case was called repeatedly. However on the other hand Ld. DR present in the court is ready with the Kaalsohi Paper Traders Pvt Ltd, Mumbai. arguments . Therefore, I have decided to proceed with the hearing of the case ex-parte. From the records we noticed that assessee is in the habit of non compliance even before the AO and as well as Ld. CIT(A) and because of this reason the appeal of the assessee has been dismissed by Ld. CIT(A).

At the very outset, I also noticed that there is delay of 378 days in filing the present appeal before the Tribunal and in this regard no application for seeking condonation of delay has been filed. Even on going through the case records I noticed that assessee neither responded nor submitted any documents before the revenue authorities and was ex-parte before Ld. CIT(A) and also before the AO. Therefore, considering the conduct of the assessee the present appeal stands dismissed as not admitted as there is no application for seeking condonation of delay of 378 days at the time of filing appeal or thereafter. Thus present appeal stands rejected. In case at a later stage, the assessee or his representative appears and satisfies the Tribunal that there was sufficient cause for his non- appearance, when the appeal was called on for hearing, the Tribunal shall make an order setting aside the ex-parte order and restore the appeal.