MR. AJAY SINGHAL,DELHI vs. ITO, NEW DELHI

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ITA 6520/DEL/2013Status: DisposedITAT Delhi19 July 2016AY 2009-102 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 the consistent absence of the assessee and the lack of any communication regarding adjournment. Presuming the assessee was not serious in pursuing the appeal, the Tribunal decided to dismiss the appeal.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2009-10. No one appeared on behalf of the assessee during the hearing, nor was any adjournment requested.

What were the issues?

Whether the appeal should be dismissed in limine due to the assessee's non-appearance and lack of representation.

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: ‘D’ NEW DELHI

Before: SMT DIVA SINGH & SH.L.P.SAHU

Hearing: 18.07.2016Pronounced: 19.07.2016

Date of Hearing 18.07.2016 Date of Pronouncement 19.07.2016 ORDER PER DIVA SINGH, JM The present appeal has been filed by the assessee assailing the correctness of the order dated 27.09.2013 of CIT(A)-XXVIII, New Delhi pertaining to 2009-10 assessment year on various grounds.

2.

However, No one was present on behalf of the assessee at the time of hearing. The record shows that on the last date of hearing i.e 29.12.2015, 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 presented nor any request for adjournment has been placed before us. The record shows that the notice has been sent to the assessee on 10.05.2016 at the address indicated in Column No.10. The said notice has not been returned as unserved. In the afore-mentioned peculiar facts and circumstances of the case

I.T.A .No.-6520/Del/2013 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).

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 19th of July, 2016.

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