TIKONA INFINET LTD.,NOIDA vs. DCIT, NEW DELHI

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ITA 4563/DEL/2016Status: PendingITAT Delhi25 July 2018AY 2010-113 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 held that in the absence of the assessee and any request for adjournment, the appeal must be dismissed in limine. The assessee may seek recall of the order if a reasonable cause for non-representation is shown.

What were the facts?

The assessee's appeal was listed for hearing, but no one appeared on behalf of the assessee, nor was any adjournment requested. The Tribunal inferred that the assessee was not serious in pursuing the appeal.

What were the issues?

Whether the appeal should be dismissed for non-appearance of the assessee and absence of any adjournment request.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI BENCH “G”, NEW DELHI

Before: SH. N.K.SAINI & SH. SUDHANSHU SRIVASTAVA

Hearing: 25.07.2018Pronounced: 25.07.2018

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER :

1.

This appeal filed by the assessee is directed against the order dated 28.06.2016 passed by learned CIT(A)-22, New Delhi for assessment year 2010-11.

2.

The notice for hearing on 25.07.2018 had been sent by the speed post on the given address by the assessee at serial no. 10 of Form No. 36. At the time of hearing, no one was present on behalf of the assessee and no request for adjournment has also come on record. Therefore, it can be safely inferred that the assessee is not serious in pursuing its appeal. In the circumstances, the only alternative left with us is to dismiss the appeal of the assessee in limine. Support is drawn from the order of Tribunal in CIT vs. Multi Plan India (P) Ltd., 38 ITD 320 (Del.) and of M.P. High Court in Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (MP).

3.

Before parting, we think it appropriate to add that in case the assessee is able to show reasonable cause for non-representation on the date of hearing, then it may, if so advised, pray for recall of this order and decision on merits.

4.

In the result, the appeal of the assessee is dismissed.

Order is pronounced in the open court on 25.07.2018.

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