TRACTEBEL ENGINEERING SA,DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

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ITA 6270/DEL/2015Status: DisposedITAT Delhi06 March 2019AY 2012-132 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, citing ITAT Rules and various judicial precedents, inferred that the assessee was not interested in pursuing the appeal. Consequently, the appeal was treated as unadmitted and dismissed.

What were the facts?

The assessee's appeal for AY 2012-13 was listed for hearing. Neither the assessee nor its representative appeared before the tribunal on the scheduled date. No adjournment application was filed.

What were the issues?

Whether an appeal should be dismissed in limine when the assessee fails to appear for hearing without any valid reason or adjournment request.

Which sections of the Income-tax Act were involved?

Rule 19(2) of ITAT Rules

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Before: SHRI H.S. SIDHU & SHRI L.P. SAHU

O R D E R

PER H.S. SIDHU, JM

1.

This appeal filed by the Assessee is directed against the Order of the Assessing Officer, Circle 3(1)(1), Intl. Taxation, New Delhi pertaining to assessment year 2012-13.

2.

In this case the Notice was sent to the assessee for hearing for today i.e. 06.03.2019 at the address mentioned in Form No. 36 vide Column No. 10. 3. On 06.03.2019, neither the assessee nor its Authorised Representative attended the hearing and also not filed any Application for adjournment or nor filed the fresh address before the Tribunal, hence, we are of the view that no useful purpose would be served to serve the notice again and again on the same address. In view of above, it is thus inferred that the assessee is not interested in prosecution of its Appeal.

4.

Having regard to Rule 19(2) of ITAT Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd. : 38 ITD 320 (Delhi) and Hon’ble Madhya Pradesh High Court’s decsion in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), we treat these appeals as unadmitted and dismiss the same. We would like to clarify that subsequently if the assessee explains the reasons for non appearance and if the Bench is so satisfied, the matter may be recalled for the purpose of adjudication of the Appeal.

5.

In the result, the Appeal of the assessee is dismissed in limine. Order pronounced on 06-03-2019.

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