RANJANI RAMESH,BANGALORE vs. DCIT, CHENNAI

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ITA 1053/CHNY/2017Status: DisposedITAT Chennai13 July 2017AY 2007-083 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 noted that the assessee did not appear for the hearing despite receiving notice. Therefore, the appeal was dismissed for non-prosecution, with liberty to move for recall if sufficient cause is shown.

What were the facts?

The assessee's appeal was filed against an order of the CIT(A) for the assessment year 2007-08. Notice of hearing was duly served on the assessee via RPAD.

What were the issues?

The primary issue was the non-appearance of the assessee before the Tribunal for the hearing of their appeal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

For Respondent: Shri Asish Tripathy, JCIT
Hearing: 13.07.2017Pronounced: 13.07.2017

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-2, Chennai, dated 31.03.2017 and pertains to assessment year 2007-08.

2.

Notice of hearing was served on the assessee by RPAD.

The Registry has placed on record the postal acknowledgement as proof of service of notice on the assessee. Even after receipt of notice, no one appeared for the assessee when the appeal was taken up for hearing.

3.

There may be various reasons for the assessee for not appearing before this Tribunal when the appeal was taken up for hearing. One of the reasons, presumably, the assessee may not be interested in prosecuting his appeal. Whatever may be the reason, by keeping the proviso to Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963, in mind, the appeal of the assessee is dismissed for non-prosecution. However, it is made clear that it is open to the assessee to move to this Tribunal for recall of this order provided there was sufficient cause on the part of the assessee for non-appearing before this Tribunal on 13.07.2017 when the appeal was taken up for hearing.

4.

With the above observation, the appeal of the assessee is dismissed.

Order pronounced in the open court on 13th July, 2017 at Chennai.

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