SEABIRD EXPLORATION FZ LLC,NOIDA vs. ADIT, DEHRADUN

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ITA 6129/DEL/2012Status: DisposedITAT Delhi16 June 2017AY 2008-092 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 inferred that the assessee was not serious in pursuing its appeals due to repeated non-appearance. Consequently, the Tribunal decided to dismiss the appeals without hearing them on merits.

What were the facts?

The assessee filed appeals before the ITAT for assessment years 2008-09 and 2009-10. The appeals were listed for hearing on multiple dates, but the assessee failed to appear on any of these dates. No request for adjournment was filed by the assessee.

What were the issues?

The primary issue was the assessee's non-representation before the tribunal, leading to the dismissal of the appeals. The tribunal considered the lack of seriousness in pursuing the appeals.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI BENCH ‘G’ NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU

Hearing: 16.06.2017

Per Bench: These appeals by the assessee are directed against the orders dated 19.09.2012 and 26.08.2013 passed by learned CIT(A)-II, Dehradun for the assessment years 2008-09 and 2009-10.

2.

Present appeals were listed for hearing on 15.06.2017 when none appeared on behalf of the assessee. The appeals, however, were not heard exparte on this date and adjourned to 16.06.2017. But on this date too none appeared on behalf of the assessee to represent the cases. Earlier also several adjournments have been sought on behalf of the assessee. No request for adjournment has also come on record. Therefore, it can be safely inferred that the assessee is not serious in pursuing its appeals. In the circumstances, the only alternative left with us is to dismiss the appeals of the assessee in limine. Support is drawn from 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).

3.

Before parting, we think it appropriate to add that in case the assessee is able to show reasonable cause for non-representation on the date of hearing, then it may, if so advised, pray for recall of this order and decision on merits.

4.

In the result, both the appeals of the assessee are dismissed. Order is pronounced in the open court on 16.06.2017

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