M/S. ADARSH MARKETING,DELHI vs. PR. CIT, NEW DELHI

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ITA 2048/DEL/2015Status: DisposedITAT Delhi26 June 2018AY 2012-132 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 the assessee was not interested in prosecuting the appeal. Therefore, the appeal was liable to be dismissed for non-prosecution.

What were the facts?

The assessee filed an appeal against the order of the ITO. On the date of hearing, no one appeared on behalf of the assessee, nor was any adjournment requested.

What were the issues?

Whether an appeal can be dismissed for non-prosecution when the assessee fails to appear for hearing.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI PRASHANT MAHARISHI

For Respondent: Ms. Ashima Neb, Sr. DR
Hearing: 26/06/2018Pronounced: 26/06/2018

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This is an appeal filed by the assessee against the order of the ld ITO, Delhi dated 25.03.2015 for the Assessment Year 2012-13.

2.

Today, i.e. on 26/06/2018 when this case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed before the Tribunal. It seems that the assessee is not interested in prosecuting the appeal; hence, the appeal filed by the assessee is liable to be un-admitted and dismissed for non-prosecution. In our above view, we find support from the following decisions:- (i). In the case of CIT Vs. B.N. Bhattachargee & Another 118 ITR 461 (relevant pages 477 & 478) wherein their Lordships have held that “The appeal does not mean merely filing of appeal but effectively pursuing it.” (ii). In the case of Estate of Late Tukoji Rao Holker Vs. CWT 223 ITR 480 (MP) while dismissing the reference made at the instance of assessee in default made following observations in their order:

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