MOHAMMED RAFI,HOWRAH vs. ACIT CIRCLE 47, KOLKATA, KOLKATA
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 the absence of the assessee and the lack of interest in prosecuting the case. Following established precedents, the appeal was dismissed for want of prosecution.
What were the facts?
The assessee's appeal was scheduled for hearing, but the notice sent to the assessee was returned with the remark 'Not Known'. No one appeared on behalf of the assessee, nor was any adjournment application filed.
What were the issues?
The primary issue was the non-prosecution of the appeal by the assessee due to non-receipt of notice and absence during 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
Income Tax Appellate Tribunal, ‘D ‘ BENCH, KOLKATA
Before: Shri P.M. Jagtap, & Shri S.S.Viswanethra Ravi
The above appeal filed by the Assessee is against the order of the learned Commissioner of Income-tax (Appeals), 14, Kolkata dated 30- 01-2017 for the assessment year 2012-13.
It is noticed that the Registry fixed above appeal of the assessee for hearing on 10-05-2018 by issuing notice dt. 26-03-2018 intimating the same to the assessee and the said notice returned with a postal remark ‘Not Known’. On this day i.e 10-05-2018, neither any one appeared nor there was any application seeking adjournment filed on behalf of the assessee. It appears that the assessee is not interested in prosecuting his case. In view of the above, following the decisions of the ITAT, Delhi Bench in the case of Multiplan India (P) Limited reported in 38 ITD 320(Del) and Hon’ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar Vs. CWT reported in (223 ITR 480(MP), we dismiss the appeal of the assessee in limine for want of prosecution.
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