HDFC BANK LTD.,NEW DELHI vs. ADDL. CIT (TDS), GHAZIABAD

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ITA 3659/DEL/2016Status: DisposedITAT Delhi26 March 2019AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal observed that the assessee was not interested in prosecuting the appeal. Therefore, in accordance with the provisions of Order V Rule 19A of the ITAT Rules, the appeal was dismissed in limine.

What were the facts?

The assessee, HDFC Bank Ltd., filed an appeal against the order of the CIT(Appeals). At the time of hearing, no one appeared on behalf of the assessee, nor was any request for adjournment received.

What were the issues?

The primary issue was the non-appearance of the assessee for the hearing of their appeal.

Which sections of the Income-tax Act were involved?

Order V Rule 19A

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU

For Respondent: Ms. Ashima Neb, Sr. DR
Hearing: 26/03/2019

This is an appeal filed by the assessee against the order of Ld. CIT(Appeals) Ghaziabad vide order dated 01.03.2016 pertaining to assessment year 2008-09. 2. However, at the time of hearing no one was present on behalf of the assessee. The appeal was passed over. Despite the same, in the third round also no one was present.

3.

A perusal of the record shows that the date of hearing was intimated to the assessee. Despite the same neither anyone was present nor any request for adjournment was received. From the above it is evident that the assessee is not interested in the prosecution of appeal.

4.

Considering the facts and keeping in view the provisions of Order V Rule 19A of the Income-tax Appellate Tribunal Rules, as were considered in the cases of CIT vs. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del); and Late Tukoji Rao Holkar, 223 ITR 480 (MP), we dismiss this appeal filed by the assessee. The assessee, if so advised, shall be free to move this Tribunal praying for recalling of this order and explaining the reasons for non-compliance etc. and if the Bench is so satisfied about the reasons etc., then this order shall be recalled. 5. In the result appeal of the assessee is dismissed in limine. Order pronounced in the open court on 26th March, 2019.

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