SHRI AJAY KUMAR GUPTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR
What did the Tribunal hold?
The Tribunal dismissed the assessee's appeal in limine due to non-appearance and lack of interest. The assessee was granted liberty to seek recall of the order if they wished to pursue the appeal further, by providing reasons for non-appearance.
What were the facts?
The assessee's appeal was listed for hearing multiple times, and on the scheduled date, neither the assessee nor their representative appeared, nor was an adjournment application filed. This indicated a lack of interest from the assessee in pursuing the appeal.
What were the issues?
Whether the appeal should be dismissed in limine due to the assessee's persistent non-appearance and lack of interest in pursuing the appeal.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
- Estate of Late Tukojirao Holkar v. CWT2,040 citing223 ITR 480 · 1997 · HC
Income Tax Appellate Tribunal, JAIPUR BENCHES ”B”, JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 143/JP/2018
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES ”B”, JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 143/JP/2018 fu/kZkj.k o"kZ@Assessment Years : 2014-15 cuke Shri Ajay Kumar Gupta The DCIT, Vs. D-160, Ganga Path, Kabir Marg, Circle-3, Banipark, Jaipur (Raj.) Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ACBPG 8729 M vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : None (date was noted) jktLo dh vksj ls@ Revenue by : Shri Ashok Khana (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 20/12/2018 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 20/12/2018 vkns'k@ ORDER
PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee against the order of ld. CIT(A), Jaipur dated 01.01.2018 for the Assessment Year 2014-15.
The matter has been adjourned on number of occasions at the request of the assessee in the past and the matter has again come up for hearing for the above scheduled date of hearing. None has appeared on behalf of the assessee nor was any adjournment
ITA No. 143/JP/2018 2 Shri Ajay Kumar Gupta vs. DCIT
application filed inspite of noting the scheduled date of hearing. It is
thus apparent that the assessee is not interested in pursuing
prosecution of the present appeal. So in the circumstances, following
the decision of Delhi Bench of ITAT in the case of CIT Vs. Multiplan
India (P) Ltd., [1991] 38 ITD 320 and also on the judgment of the
Hon'ble M.P. High Court in the case of Estate of Late Tukhoji Rao Holkar
Vs. CWT [1997] 223 ITR 480, the appeal of the assessee is dismissed in
limine.
Before parting, it is appropriate to state that in case the assessee
is serious in pursuing its appeal filed, then it would be at liberty if so
advised to pray for a recall of this order by moving an appropriate
application stating the explicit reasons for non-appearance and by
giving an undertaking that it shall not abuse the time of the Tribunal.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open Court on 20/12/2018.
Sd/- Sd/- ¼fot; iky jko½ ¼foØe flag ;kno½ (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 20/12/2018. *Santosh आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- Shri Ajay Kumar Gupta, Jaipur.
ITA No. 143/JP/2018 3 Shri Ajay Kumar Gupta vs. DCIT 2. izR;FkhZ@ The Respondent- DCIT, Circle- 3, Jaipur. 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत. 6. xkMZ QkbZy@ Guard File { ITA No. 143/JP/2018} vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
Recent GST High Court judgments
Search GST case law →- Nirmal Kumar Sharma S/O Ram Swroop Sharma vs. Union Of INDIARajasthan · 16 Oct 2026
- Sh Umang Uniyal vs. Commissioner Department Of Central Goods And Services TaxUttarakhand · 16 Oct 2026
- Paresh Textiles Prop Paresh Gudhka vs. Superintendent Range Iv Div VBombay · 15 Oct 2026
- M/S Palladium Constructions PVT LTD. vs. Principal Commissioner Of Central TaxKarnataka · 15 Oct 2026
- M/S. Vk Construction vs. The Deputy State Tax Officer - IiMadras · 15 Oct 2026