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Income Tax Appellate Tribunal, AGRA (SMC
Before: SHRI A. D. JAIN
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA (SMC) BENCH: AGRA
BEFORE SHRI A. D. JAIN, JUDICIAL MEMBER
I.T.A No. 203/Agra/2016 (ASSESSMENT YEAR-2012-13)
J.P. Construction, 83 Defence Vs..DCIT, 1, Agra. Estate, Phase 1, Bundu Katra, Agra. PAN No.AAGFJ8127R (Assessee) (Revenue)
Assessee by None. Revenue by Shri Waseem Arshad, Sr.DR.
Date of Hearing 19.02.2018 Date of Pronouncement 19.02.2018
ORDER This appeal filed by the assessee is directed against the order of the ld.
CIT(A) dated 30.03.2016, in relation to the assessment year 2012-13.
When the appeal was called out for hearing, none appeared on behalf of the
assessee, nor any application for adjournment has been filed. I find that the date of
hearing has been noted by the Counsel of the assessee. Under these circumstances,
it appears that the assessee is not interested in prosecuting the appeal any further.
As such, I hold that the appeal is liable to be dismissed for non prosecution. In this
regard I place reliance upon the following case laws: 1. CIT vs. Multiplan India Ltd. 38 ITD 320 (Del)
I.T.A No. 203/Agra/2016 2
Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P& H) 4. CIT vs. B. N. Bhattachargee And Another 118 ITR 461(SC)
Respectfully following the view taken in the cases cited (supra), I dismiss
the appeal filed by the assessee for non prosecution. The assessee may, however,
get it revived by showing sufficient cause for non-appearance.
In the result, the appeal filed by the assessee is dismissed.
Order pronounced in the open court on 19/02/2018.
Sd/- (A.D. JAIN) JUDICIAL MEMBER Dated 19/02/2018 *AKV* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR