C. DOCTOR & CO. PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-10(1), MUMBAI NOW DY.CIT, CIRCLE-1(1)(2), AHMEDABAD

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ITA 511/AHD/2016Status: DisposedITAT Ahmedabad19 January 2018AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal inferred that the assessee was not serious about pursuing the appeal. Based on precedents, the Tribunal dismissed the appeal for non-prosecution.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). Notice of hearing was sent to the assessee, but no one appeared on their behalf, nor was an adjournment requested.

What were the issues?

Whether an appeal can be dismissed for non-prosecution when the appellant fails to appear for the hearing.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, “ B ” BENCH, AHMEDABAD

Before: SHRI PRAMOD KUMAR & SHRI MAHAVIR PRASAD

For Respondent: Shri Mudit Nagpal, Sr. D.R
Pronounced: 29/01/2018

आदेश / O R D E R

PER MAHAVIR PRASAD, JUDICIAL MEMBER : This is an appeal by the assessee against the order of the Commissioner of Income Tax(Appeals)-1, Ahmedabad, vide appeal no.CIT(A)-21/DCIT-10(1)/174/2014-15 dated 03/12/2015 for the Assessment Year (AY) 2009-10.

2.

The notice of hearing was sent to the assessee by Registered Post as per the address given in Column No.10 of Form No. 36. However, at the time of hearing none appeared on behalf of the assessee nor any

ITA No. 511/Ahd/2016 C. Doctor & Co. Pvt. Ltd. DCIT Asst.Year –2009-10 - 2 - application for adjournment has been filed. From this, it is reasonable to infer that the assessee is not serious to pursue its case. Hon’ble Supreme Court in the case of CIT vs. B.N. Bhattachargee and Another, 118 ITR 461(SC) observed that preferring an appeal means effectively pursuing it. Hon’ble M.P. High Court in the case of Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480(M.P.) dismissed the reference filed by the assessee for not taking necessary steps. Similar view is taken by I.T.A.T., Delhi Bench in the case of Multiplan India Ltd., 38 ITD 320. Considering the above, it appears that the assessee is not interested in prosecuting its appeal. We, therefore, dismiss the appeal filed by the assessee for non-prosecution.

3.

In the result, appeal filed by the assessee is dismissed. This Order pronounced in Open Court on 29/01/2018

Sd/- Sd/- ¼izeksn dqekj izeksn dqekj izeksn dqekj½ izeksn dqekj ¼egkohj izlkn½ ¼egkohj izlkn½ ¼egkohj izlkn½ ¼egkohj izlkn½ Yks[kk ln Yks[kk ln Yks[kk lnL; Yks[kk ln L; L; L; U;kf;d lnL; U;kf;d lnL; U;kf;d lnL; U;kf;d lnL; (PRAMOD KUMAR) ( MAHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 29/01/2018 Priti Yadav, Sr. PS

ITA No. 511/Ahd/2016 C. Doctor & Co. Pvt. Ltd. DCIT Asst.Year –2009-10 - 3 -

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-1, Ahmedabad. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//

उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 29/01/2018(covered case) 2. Date on which the typed draft is placed before the Dictating Member …29/01/2018 3. Other Member… 4. Date on which the approved draft comes to the Sr.P.S./P.S…………….. 5. Date on which the fair order is placed before the Dictating Member for pronouncement…… 6. Date on which the fair order comes back to the Sr.P.S./P.S……. 7. Date on which the file goes to the Bench Clerk………………… 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………

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