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Income Tax Appellate Tribunal, JAIPUR BENCHES (SMC
Before: SMT. DIVA SINGHvk;dj vihy la-@ITA No. 771/JP/2016
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JhEkrh fnok Çlg] U;kf;d lnL; ds le{k BEFORE: SMT. DIVA SINGH, JUDICIAL MEMBER vk;dj vihy la-@ITA No. 771/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke Shri Pehap Singh Shekhawat, A.C.I.T., Vs. E-26/27, Green Park, Nagal Benar Circle-1, Road, Jhotwara, (Raj). Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AOSPS 0374 K vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri S.L. Jain (Adv) jktLo dh vksj ls@ Revenue by : Shri R.A. Verma (Addl.CIT) lquokbZ dh rkjh[k@ Date of Hearing : 23/03/2017 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 24/03/2017 vkns'k@ ORDER
PER: DIVA SINGH, J.M. The present appeal has been filed by the assessee assailing the correctness of the order dated 10th of March 2016 of CIT(A) Aligarh at Jaipur (camp office) pertaining to 2010 – 11 assessment year on various grounds.
At the time of hearing, an application was moved on behalf of the assessee by the Ld. AR stating that certain necessary documents are required to be collected. It was pointed out to the Ld. AR that the Registry has pointed out a defect in regard to payment of Tribunal fee etc. on the date of filing of the appeal itself that is 25/08/2016 and he was required to explain why it has not been cured till date.
ITA 771/JP/2016_ 2 Pehap Singh Shekhawat Vs ACIT
The record shows that the defect stands on record till date, it was further noted that the appeal has come up for hearing on different dates specifically 23/12/2016 and again on 09th February, 2017 and on each of these dates adjournment had been sought, which was granted. Accordingly the Ld. Sr.AR was required to state as to why the present appeal should not be dismissed in limine as the assessee may not be serious in pursuing the appeal filed. The Ld. AR in reply submitted that he is unable to contact the assessee despite his best efforts accordingly time may be granted. Considering the fact that consistently the Ld. AR has to seek time to even cure the defect in the peculiar facts and circumstances it can be safely presumed that that the assessee may not be serious in pursuing the appeal filed. In the peculiar facts and circumstances it is deemed appropriate to dismiss the appeal in limine.
Before parting, it is appropriate to add that in case the assessee is interested in pursuing the appeal filed and is able to show a reasonable cause and undertakes to cure the defect, it would be at liberty if so advised to pray for a recall of this order. The said order was pronounced in the open court on the date of hearing itself.
In the result the appeal of the assessee is dismissed in limine.
Order pronounced in the open court on 24th March, 2017. Sd/- ¼fnok Çlg½ (Diva Singh) U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 24th March, 2017. *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
ITA 771/JP/2016_ 3 Pehap Singh Shekhawat Vs ACIT vihykFkhZ@The Appellant- Shri Pehap Singh Shekhawat, Jhotwara, (Raj). 1. izR;FkhZ@ The Respondent- The A.C.I.T., Circle-1, Jaipur. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 771/JP/2016) 6.
vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत