M/S. SHREE RAM EXPORT IMPORT,DELHI vs. ACIT, NEW DELHI

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ITA 2654/DEL/2015Status: DisposedITAT Delhi14 September 2016AY 2001-022 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, considering the assessee's non-appearance and the time-barred nature of the appeal, treated the appeal as unadmitted. The Tribunal dismissed the appeal in limine.

What were the facts?

The assessee's appeal for AY 2001-02 was listed for hearing. The assessee neither appeared nor filed an adjournment application. The appeal was also found to be time-barred by 527 days.

What were the issues?

Whether an appeal can be dismissed in limine due to non-appearance of the assessee and being time-barred without condonation.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Before: SHRI H.S. SIDHU

Date of Hearing : 14-09-2016 Date of Order : 14-09-2016

O R D E R PER H.S. SIDHU, JM This appeal is filed by the Assessee is directed against the Order dated 11.9.2013 of the Ld. CIT(A)-XXIV, New Delhi relevant to assessment year 2001-02.

2.

In this case the Notice was sent to the Assessee for hearing by Regd. AD Post for today i.e. 14.09.2016 at the address mentioned in Form No. 36 vide Column No. 10, but neither the assessee nor its Authorised Representative attended the hearing and also not filed any application for adjournment. It is thus inferred that the assessee is not interested in prosecution of his appeal, therefore, in my considered opinion, no useful purpose would be served to send the notice again and again on the same address. Even otherwise, the present Appeal is time barred by 527 days which has not been condoned by the Bench till date.

3.

Having regard to Rule 19(2) of ITAT Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd. : 38 ITD 320 (Delhi) and Hon’ble Madhya Pradesh High Court’s decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), I treat this appeal as unadmitted and dismiss the same. I would like to clarify that subsequently if the assessee explains the reasons for non appearance and if the Bench is so satisfied, the matter may be recalled for the purpose of adjudication of the appeal.

4.

In the result, the Appeal of the assessee is dismissed in limine. Order pronounced in the Open Court on 14-09-2016.

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