MAGNUM OPUS DIGITAL ART AND TECHNOLOGY PVT. LTD.,DELHI vs. ITO, 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 that despite sufficient opportunities, the assessee did not appear or cure the defects, indicating a lack of seriousness in pursuing the appeal. Therefore, the appeal was dismissed in limine.
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, and the defect regarding the shortage of tribunal fees was not cured.
What were the issues?
The primary issue was the non-appearance of the assessee and the failure to cure defects in the appeal, leading to its dismissal without a decision on merits.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-1’ NEW DELHI
Before: SMT DIVA SINGH
ORDER The present appeal has been filed by the assessee assailing the correctness of the order dated 04.04.2016 of the CIT(A)-6, Delhi pertaining to 2011-12 AY on various grounds.
However at the time of hearing, no one was present on behalf of the assessee. The appeal was passed over once. Even in the second round, the position remained the same. The record shows that notice for the specific date of hearing was sent to the assessee on 09.09.2016 at the address indicated in Column No.10, despite this the assessee remained unrepresented till the date of passing of the order. It is further seen that the said notice has not come back unserved. The record shows that the defect pointed out by the Registry in regard to shortage of Tribunal’s fee, has also not been cured till date. In these circumstances where despite sufficient opportunity the assessee still not caring to cure, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly, in the absence of any reasons given, it is considered appropriate to dismiss the appeal in limine as the appeal filed is defective. Liberty is given to the assessee to pray for recall of this order and listing of the assessee’s appeal for hearing a decision on merit if the assessee takes appropriate steps to cure the defect. In such an eventually the Co- ordinate Bench considering the request if so moved on the basis of material on record may consider to recall 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 18th of November, 2016.
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