G.M. ENTERPRISES,DELHI vs. ACIT, 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 presumed the assessee was not serious in pursuing the appeal due to repeated non-appearance. Consequently, the appeal was dismissed in limine.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. However, neither the assessee nor the Revenue appeared for the hearing on multiple occasions. The assessee had previously requested an adjournment.
What were the issues?
The primary issue was the non-prosecution of the appeal by the assessee due to their absence during the hearings.
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, DELHI BENCH: ‘SMC-I’ NEW DELHI
Before: SMT DIVA SINGH
ORDER The present appeal has been filed by the assessee assailing the correctness of the order dated 29.01.2016 of CIT(A)-12, New Delhi pertaining to 2009-10 assessment year on various grounds.
However, at the time of hearing, no one was present on behalf of the assessee or the Revenue. The Ld.Sr.DR it was mentioned had to suddenly rush homes due to some medical emergency in the family. However, on behalf of the assessee there was no one present. The appeal was passed over twice. In the third round also, the position remained the same as neither the assessee was present nor any request for adjournment has been moved. The record shows that on the last date of hearing i.e. 17.11.2016 the appeal was adjourned to 22.12.2016 on the written request of the assessee. In the aforesaid facts and circumstances, it can be safely presumed that the assessee is not serious in pursuing the present appeal and the appeal is dismissed in limine. Support is drawn from the order of the Tribunals in Commissioner of Income-Tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holkar vs. CWT: 223 ITR 480 (M.P).
Before parting it is appropriate to add that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing, it would be at liberty if so advised to pray for a recall of this order. The said order was pronounced on the date of hearing itself in the open Court.
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