GENCO REALTORS PVT. LTD.,NEW DELHI vs. ITO, WARD- 10(1), NEW DELHI

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ITA 3793/DEL/2018Status: PendingITAT Delhi01 November 2018AY 2007-083 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 inferred that the assessee was not interested in prosecuting the appeal. Following relevant rules and judicial precedents, the appeal was dismissed in limine.

What were the facts?

The assessee's appeal was listed for hearing on 01.11.2018. Neither the assessee nor its representative attended the hearing and no adjournment was sought.

What were the issues?

The primary issue was the assessee's non-appearance before the tribunal for the hearing of its appeal.

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

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.

Before: SHRI H.S. SIDHU

This appeal filed by the Assessee is directed against the Order dated 21.12.2018 of the Ld. CIT(A)-35, New Delhi relevant to assessment year 2007-08.

2.

In this case the Notice was sent to the assessee for hearing for today i.e. 01.11.2018 at the address mentioned in Form No. 36 vide Column No. 10.

3.

On 01.11.2018, 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, I am 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 decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), I treat this appeal as unadmitted and dismiss the same. I 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.

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