SH. DEEPAK JAIN,NEW DELHI vs. ACIT, NEW DELHI

During the course of hearing today i.e. on 01 st October, 2018, inspite of service of notice, nobody was present on behalf of the assessee nor any adjournment request received. It therefore, appears that the assessee is not interested to prosecute the matter.

The law aids those who are vigilant, not those who sleep upon their rights. This principle is embodied in well known dictum, “VIGILANTIBUS ET NON DORMIENTIBUS JURA SUB VENIUNT’. Considering the facts and keeping in view the provisions of rule 19(2) of the Income-tax Appellate Tribunal Rules as were considered in the case of CIT vs. Multiplan India Ltd., (38 ITD 320)(Del), we treat this appeal as unadmitted.

ITA 5663/Del/2015 A.Y.:2009-10 Sh. Deepak Jain vs. ACIT, Central Circle 6,N.Del. 4. Similar view has been taken by the Hon’ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) wherein it has been held as under: if the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference.

Similarly, Hon’ble Punjab & Haryana High Court in the case of New Diwan Oil Mills vs. CIT (2008) 296 ITR 495) returned the reference unanswered since the assessee remained absent and there was not any assistance from the assessee.

Their Lordships of Hon’ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) held that the appeal does not mean, mere filing of the memo of appeal but effectively pursuing the same.

Respectfully following the view taken in the cases cited supra, we dismiss the appeal for non-prosecution.

In the result, appeal filed by assessee stands dismissed. Order pronounced in the Open Court on 01st October, 2018.