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Income Tax Appellate Tribunal, DELHI BENCH ‘A’ NEW DELHI
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI PRASHANT MAHARISHI
preferred against the order dated 15.3.2016 passed by the ld. Pr. Commissioner of Income Tax(A), Central-I, New Delhi for assessment year 2010-11 wherein vide order passed u/s 263 of the Income Tax Act, 1961, the ld. Pr.
Commissioner of Income Tax has held the assessment order passed by the Assessing Officer to be erroneous and prejudicial to the interest of the revenue & 2002/D/2016 Assessment year: 2010-11 & 2011-12 on the issue of incorrect disallowance computed u/s 14A r/w Rule 8D. ITA No. 2002/Del/2016 is also the assessee’s appeal against the order passed u/s 263 by the ld. Pr. Commissioner of Income Tax, Central-1, New Delhi wherein vide order dated 15.3.2016 for assessment year 2011-12, the ld. Pr. CIT has held the assessment order passed by the Assessing Officer as erroneous and prejudicial to the interest of the revenue with respect to disallowance u/s 14A r/w Rule 8D of the Act.
None was present on behalf of the assessee when the appeal was called out for hearing nor any application for adjournment was received in both these appeals. A perusal of the order sheet entries shows that these appeals were fixed for hearing on 8.2.2018 also but none was present on behalf of the assessee. It is also seen that both these appeals were filed in the year 2016 and from the conduct of the assessee, it is apparent that it is not interested in pursuing these appeals. We, therefore, have no option but to dismiss the appeals preferred by the assessee, placing reliance on the ratio of decisions in the following cases:-
CIT Vs Multiplan (India) Pvt. Ltd. 38 ITD 320 (Del); and 2. Late Tukoji Rao Holkar vs CWT (1996) 223 ITR 480 (MP)
In the result, the assessee’s appeals stands dismissed. & 2002/D/2016 Assessment year: 2010-11 & 2011-12
Order pronounced in the Open Court on 26th June, 2018.