NEW DELHI MUNICIPAL COUNCIL,NEW DELHI vs. ACIT, NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee was not present and had not sought an adjournment, indicating a lack of interest in prosecuting the appeal. Therefore, the appeal was dismissed in limine.
What were the facts?
The assessee filed an appeal against the order of the CIT(Appeals). Notice for the hearing was sent to the assessee, but no one appeared on behalf of the assessee. No request for adjournment was received.
What were the issues?
Whether the appeal should be dismissed due to the non-appearance of the assessee and lack of interest in prosecuting the appeal.
Which sections of the Income-tax Act were involved?
Order V Rule 19A of the Income-tax Appellate Tribunal Rules
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide 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.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
- Estate of Late Tukojirao Holkar v. CWT2,040 citing223 ITR 480 · 1997 · HC
Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU
This is an appeal filed by the assessee against the order of Ld. CIT(Appeals)XXX, New Delhi vide order dated 23.09.2014 pertaining to assessment year 2010-11.
In this case notice was sent to the assessee for hearing by Regd.
AD Post for 28.6.2018 at the address mentioned in Form No. 36 vide Colmun No. 10 wherein the assessee is required to indicate the address at which notices are be sent.
However, at the time of hearing no one was present on behalf of the assessee. The appeal was passed over. Despite the same, in the second round also no one was present.
A perusal of the record shows that the date of hearing was intimated to the assessee. Despite the same neither anyone was present nor any request for adjournment was received. From the above it is evident that the assessee is not interested in the prosecution of appeal.
Considering the facts and keeping in view the provisions of Order V Rule 19A of the Income-tax Appellate Tribunal Rules, as were considered in the cases of CIT vs. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del); and Late Tukoji Rao Holkar, 223 ITR 480 (MP), we dismiss this appeal filed by the assessee. The assessee, if so advised, shall be free to move this Tribunal praying for recalling of this order and explaining the reasons for non-compliance etc. and if the Bench is so satisfied about the reasons etc., then this order shall be recalled.
In the result appeal of the assessee is dismissed in limine.
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