SUDHEER OMPRAKASH BAHL,MUMBAI vs. ITO 1(2)(2), MUMBAI
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 held that the appeal was defective due to non-compliance with procedural requirements and therefore could not be admitted. The appeal was dismissed in limine.
What were the facts?
The assessee filed an appeal with a delay of 46 days and without enclosing the order of the Commissioner (Appeals). Despite notices and opportunities, the defects were not rectified.
What were the issues?
Whether a defective appeal, lacking necessary documentation and explanation for delay, can be admitted for hearing.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI G. MANJUNATHA
Date of Hearing – 01.11.2017 Date of Order – 10.11.2017
O R D E R PER SAKTIJIT DEY, J.M.
Captioned appeal was filed by the assessee with a delay of 46 days and without enclosing the order of the learned Commissioner (Appeals) which was sought to be challenged. Therefore, a notice was issued to the assessee pointing out the aforesaid defects and requiring the assessee to remove the defects within 10 days. When the appeal was first posted for hearing on 22nd August 2017, though, the assessee requested for adjournment and on his request the appeal was adjourned to 17th October 2017, however, he did not remove the defects pointed out by the Registry. Thereafter, in subsequent dates of 2 Sudheer Omprakash Bahl hearing of appeal, no one was present for the assessee. In fact, till date, the assessee has not removed the defects pointed out by the Registry either by explaining the delay in filing the appeal or furnished copy of the order passed by the learned Commissioner (Appeals) which is under challenge in the present appeal. In fact, as seen from the record, in spite of notice of hearing issued through RPAD, the assessee has not appeared when the appeal was called for hearing today. Since, the assessee has not removed the defects pointed out by the Registry, the appeal being a defective one cannot be admitted, hence, is dismissed in limine.
In the result, assessee’s appeal is dismissed. Order pronounced in the open Court on 10.11.2017
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