COUNTRYWIDE HOMES & FARMS PVT. LTD.,NEW DELHI vs. ITO, 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 filed any adjournment application. It was inferred that the assessee was no longer interested in pursuing the appeal.
What were the facts?
The assessee filed an appeal before the Income-Tax Appellate Tribunal (ITAT) against an order of the CIT(A). The hearing was scheduled, but no one appeared on behalf of the assessee.
What were the issues?
The primary issue was the non-prosecution of the appeal by the assessee due to their absence during the scheduled hearing.
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
Before: Shri Bhavnesh Saini & Shri L.P. Sahu
ORDER Per L.P. Sahu, A.M.: The assessee is in appeal before the Tribunal against the order of learned CIT(A),VI, New Delhi dated 12.09.2014 passed for the assessment year 2006-07.
None is present on behalf of the assessee despite the date of hearing was fixed for 21.11.2017 on the written request of assessee’s counsel and both the parties were informed in the open court. No adjournment application is available on record. It appears that the assessee is no more interested in prosecuting the appeal. Therefore, the appeal of the assessee deserves to be dismissed in limine for want of prosecution in view of 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).
In the result, the appeal is dismissed, as indicated above.
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