SH. NARPAT SINGH,NEW DELHI vs. ITO, NOIDA
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 inferred that the assessee was not serious in pursuing the appeal due to their absence. Consequently, the Tribunal decided to dismiss the appeal in limine.
What were the facts?
The assessee's appeal was filed against the order of the CIT(A) for the assessment year 2003-04. The assessee was absent for the hearing despite proper notice and did not file any adjournment application.
What were the issues?
The primary issue was the maintainability of the appeal when the assessee failed to appear for the 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.: This appeal by the assessee is directed against the order dated 15.09.2014 passed by learned CIT(A), Noida for the assessment year 2003-04.
None is present on behalf of the appellant despite the notice was sent through registered post at the address given in column No. 10 of the appeal memo. No adjournment application is received 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.
ITA No. 6854/Del./2014 2 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).
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