M/S. K.K. SPUN PIPE (P) LTD.,NEW 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 noted the assessee's lack of appearance and presumed a lack of seriousness in pursuing the appeal. The appeal was dismissed without going into the merits.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. However, no one appeared on behalf of the assessee during the hearing, despite notices being sent.
What were the issues?
The primary issue was the non-appearance of the assessee during the hearing of the appeal.
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-II’ NEW DELHI
Before: SMT DIVA SINGH
The present appeal has been filed by the assessee assailing the correctness of the order dated 28.04.2016 of the CIT(A)-5, Delhi pertaining to 2007-08 AY on various grounds.
However, at the time of hearing, no one was present on behalf of the assessee. The appeal was passed over twice. Even in the third round, the position remained the same. Neither the assessee was present nor any adjournment has been placed before the Bench. The record shows that notice for the specific date of hearing has been sent on 26.09.2016 to the assessee at the address mentioned in column No.10 in the memo of appeal filed which has not been come back unserved. Accordingly, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Support is drawn from the order of the Tribunals in Commissioner of Income-Tax vs. Multi Plan 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.
In the result, the appeal of the assessee is dismissed in limine. The order is pronounced in the open court on 16th of December, 2016.
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