VISHAL MALIK,NOIDA vs. ITO, GHAZIABAD

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ITA 4848/DEL/2015Status: DisposedITAT Delhi26 August 2016AY 2010-112 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 presumed the assessee was not serious in pursuing the appeal due to persistent non-representation. Consequently, the appeal was dismissed in limine.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. Despite being served with notice, the assessee remained unrepresented during the hearing, both in the first and second rounds. No request for adjournment was made.

What were the issues?

The primary issue was the assessee's failure to appear and represent their case before the Tribunal, leading to the dismissal of 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, DELHI BENCH: ‘SMC-II’ NEW DELHI

Before: SMT DIVA SINGH

Hearing: 03.08.2016Pronounced: 26.08.2016

The present appeal has been filed by the assessee assailing the correctness of the order dated 27.04.2015 of CIT(A), Ghaziabad pertaining to 2010-11 assessment year on various grounds.

2.

However, No one was present on behalf of the assessee at the time of hearing, the appeal was passed over. Even in the second round, the position remained the same. Neither anyone was present nor any request for adjournment has been placed before us. The record further shows that the notice has been sent to the assessee on 06.06.2016 at the address indicated in Column No.10, despite this the assessee remained unrepresented. The said notice has not been returned as unserved. In the afore-mentioned peculiar facts and circumstances of the case in the absence of any representation on behalf of the assessee or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly the only alternative left is to dismiss the appeal of the assessee in limine. 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).

I.T.A .No.-4848/Del/2015

3.

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.

4.

In the result, the appeal of the assessee is dismissed. The order is pronounced in the open court on 26th of August, 2016.

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