INFINITE CIVIL SOLUTIONS PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-2(1)(1), 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 sufficient cause for non-appearance is shown.
What were the facts?
The assessee's appeal was listed for hearing, but neither the assessee nor their representative appeared. No adjournment application was filed despite proper service of notice.
What were the issues?
The primary issue was the assessee's failure to appear before the Tribunal for the hearing of their appeal.
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- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH
Before: SHRI P. K. KEDIA & SHRI MAHAVIR PRASAD
PER MAHAVIR PRASAD, JUDICIAL MEMBER
This appeal by the Assessee is directed against the order of the Ld. CIT(A)-2, Ahmedabad dated 22.01.2016 pertaining to A.Y. 2012-13.
ITA No. 772/Ahd/2016 2 . A.Y. 2012-13 2. On the date of hearing i.e. on 07-08-2018, 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 13 - 08- 2018
Sd/- Sd/- (P. K. KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad: Dated 13/08/2018 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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