RADHA RANI MUKHERJEE,PURULIA vs. DCIT, CIR-57 (TDS), KOLKATA, KOLKATA

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ITA 42/KOL/2016Status: DisposedITAT Kolkata26 March 2018AY 2009-102 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 observed that the assessee's conduct indicated a lack of serious interest in pursuing the appeal. Relying on Supreme Court and ITAT precedents, the appeal was dismissed for non-appearance.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2009-10. The assessee neither appeared nor sought an adjournment for the hearing, despite prior notice.

What were the issues?

Whether an appeal can be dismissed for non-appearance of the assessee. Whether the assessee is seriously pursuing the appeal.

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, “C” BENCH: KOLKATA

Hearing: 25.01.2018Pronounced: 26.03.2018

ORDER

Per Shri A.T.Varkey, JM

1.

This appeal filed by the assessee is against the order of CIT(A)-24, Kolkata, dated 31.10.2015 for AY 2009-10.

2.

At the time of hearing fixed in this case i.e. on 25-01-2018, neither anybody appeared on behalf of the assessee nor has he filed any application seeking adjournment despite the fact that on last occasion i.e. on 11.12.2017 notice for hearing was sent by RPAD fixing the case for hearing on 25.01.2018. It appears from this conduct of the assessee that assessee is not seriously interested in pursuing this appeal before the Tribunal. The Hon’ble Supreme Court in the case of CIT Vs. B. N. Bhattacharjee & Anr. 118 ITR 461 (SC) observed that preferring an appeal means effectively pursuing it and the law does not help a sleeping litigant. Hence, the assessee’s appeal is liable to be dismissed as un-admitted. We, therefore, relying upon the decision of ITAT Delhi Bench in the case of CIT Vs. Multiplan India (Pvt.) Ltd., 38 ITD 320 (Del), dismiss this appeal of the assessee for non-appearance.

Radha Rani Mukherjee., AY 2009-10 3. We, further, make it clear that if the assessee is advised to move appropriate application to recall this order, then he is at liberty to do so for just cause and the Tribunal may decide in accordance to law.

4.

In the result, the appeal of assessee is dismissed.

Order is pronounced in the open court.

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