AJAYNATH & SONS,FARIDABAD vs. ITO, WARD- 1(1), FARIDABAD
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 is no longer interested in prosecuting the appeal due to non-appearance. Following established precedents, the appeal was dismissed as un-admitted.
What were the facts?
The assessee's appeal was listed for hearing twice, but no one appeared on behalf of the assessee on either occasion. The assessee was notified through registered post.
What were the issues?
Whether an appeal can be dismissed for non-prosecution by the assessee. The importance of effectively pursuing an appeal beyond mere filing.
Which sections of the Income-tax Act were involved?
Rule 19(2) of Income Tax Appellate Tribunal Rules
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)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
Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI
Before: SHRI BHAVNESH SAINI
For Assessee : -None- For Revenue : Shri S.L. Anuragi, Sr. D.R. Date of Hearing : 01.05.2019 Date of Pronouncement : 01.05.2019 ORDER
This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Faridabad, Dated 29th June, 2018, for the A.Y. 2015-2016.
The assessee has been notified the date of hearing through registered post twice. However, none appeared on behalf of the assessee at the time of hearing of the appeal on both the occasions. It, therefore, appears that 2 ITA.No.5386/Del./2018 Ajay Nath & Sons, Faridabad. assessee is no more interested in prosecuting the appeal. Therefore, the appeal of the assessee is liable to be dismissed as un-admitted.
In view of the above and having regard to Rule 19(2) of Income Tax Appellate Tribunal Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd., 38 ITD 320 (Del.); Hon’ble Madhya Pradesh High Court decision in the case of Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (MP), and also the decision of Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) wherein their Lordships held that “the appeal does not mean, mere filing of the memo of appeal but effectively pursuing the same”. In view of the above, respectfully following the aforecited decisions, we dismiss the appeal of the assessee as un-admitted.
In the result, appeal of the Assessee dismissed.
3 ITA.No.5386/Del./2018 Ajay Nath & Sons, Faridabad. Order pronounced in the open Court.
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