SHRI SUBHASH S. SONI vs. THE INCOME TAX OFFICER, WARD-5(4), BARODA

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ITA 2362/AHD/2014Status: DisposedITAT Ahmedabad05 January 2018AY 2008-093 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal presumed that the assessee was not serious in pursuing the appeal due to non-appearance. The appeal was dismissed in limine.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2008-09. The assessee did not appear for the hearing despite proper notice being served.

What were the issues?

Whether the appeal should be dismissed in limine due to the assessee's non-appearance for the hearing.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “ A ” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI PRADIP KUMAR KEDIA

For Respondent: Dr. Jayant Jhaveri, Sr.DR
Hearing: 03/01/2018

आदेश / O R D E R

PER PRADIP KUMAR KEDIA - AM: The captioned appeal has been filed at the instance of the Assessee against the order of the Commissioner of Income Tax(Appeals)-V, Baroda [CIT(A) in short] dated 31/01/2014 relevant to Assessment Year (AY) 2008-09.

ITA No. 2362/Ahd/2014 Subhash S. Soni vs.ITO Asst.Year – 2008-09 - 2 - 2. At the time of hearing, none appeared on behalf of the appellant- assessee. Notice was served to the assessee as per address furnished in Form No.36. In the aforementioned peculiar facts and circumstances of the case, in the absence of any representation on behalf of the assessee or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly the only alternative left is to dismiss the appeal of the assessee in limine. Support is drawn from the order of the Tribunals in Commissioner of Income Tax vs. Multi Plan India (P)Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holkar vs. CWT: 223 ITR 480 (M.P.).

3.

Before parting, it would be appropriate to add that in case the assessee is able to show that there existed a reasonable cause for non- representation on the date of hearing, it would be at liberty, if so advised, to pray for a recall of this order.

In the result, the appeal of the Assessee is dismissed in limine. 4. This Order pronounced in Open Court on 05 / 01/2018

Sd/- Sd/- (राजपाल यादव) (�द�प कुमार के�डया) �या�यक सद�य लेखा सद�य (RAJPAL YADAV) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad; Dated 05/ 01 /2018 ट�.सी.नायर, व.�न.स./T.C. NAIR, Sr. PS

ITA No. 2362/Ahd/2014 Subhash S. Soni vs.ITO Asst.Year – 2008-09 - 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)-V, Baroda �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 .. 3.1.2018 2. Date on which the typed draft is placed before the Dictating Member …3.1.2018 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…….5.1.18 7. Date on which the file goes to the Bench Clerk…………………5.1.18 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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