M/S J.P. CONSTRUCTION,AGRA vs. DCIT-1, AGRA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee appeared to be not interested in prosecuting the appeal as no one appeared on their behalf and no adjournment was sought. Therefore, the appeal was dismissed for non-prosecution.
What were the facts?
The assessee's appeal was listed for hearing before the ITAT Agra. The assessee's counsel had noted the date of hearing.
What were the issues?
The primary issue was whether the appeal should be dismissed for non-prosecution due to the assessee's absence during the hearing.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)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
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
- New Diwan Oil Mills v. CIT351 citing296 ITR 495 · 2008 · HC
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
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