M/S. PSB HOUSING FINANCE LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 1141/DEL/2014Status: DisposedITAT Delhi18 July 2016AY 2004-053 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 held that the assessee was not interested in prosecuting the appeal. Following established legal precedent, the appeal was dismissed for want of prosecution.

What were the facts?

The assessee, M/s. PSB Housing Finance Ltd., filed an appeal against an order for assessment year 2004-05. Despite multiple notices sent via RPAD, the assessee failed to appear for the hearings.

What were the issues?

Whether an appeal should be dismissed for want of prosecution when the assessee fails to appear after multiple notices.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH ‘F’ : NEW DELHI

Before: SHRI J.S. REDDY & SHRI KULDIP SINGH

For Respondent: Shri Anil Kumar Sharma, Senior DR
Hearing: 18.07.2016

Date of Hearing : 18.07.2016 Date of Order : 18.07.2016

O R D E R PER KULDIP SINGH, JUDICIAL MEMBER :

The appellant, M/s. PSB Housing Finance Ltd., by filing the present appeal, sought to set aside the impugned order dated 18.11.2013 passed by Ld. CIT (A)-XVII, New Delhi qua the assessment year 2004-05.

2.

In the aforesaid appeal, notice was sent through RPAD to the assessee for hearing on 02.06.2016 and the case was adjourned to 18.07.2016 as none was present on behalf of the assessee. The notice for the next date of hearing i.e. 18.07.2016 was also sent through RPAD but the appellant has not preferred to put in his appearance himself or through his authorized representative nor sent any request for adjournment. So, it is apparent on record that the appellant is not interested in prosecution of the present appeals.

3.

Keeping in view the legal position that mere issuance of notice does not amount to admission of appeal and this issue has been squarely decided by Hon’ble ITAT in the case of CIT Vs. Multiplan (India) Pvt. Ltd. 38 ITD 320 (Del.), the present appeal is hereby dismissed for want of prosecution with liberty to the assessee to file an application to recall the order subject to demonstrate that it was prevented by sufficient cause from putting its appearance at the time of hearing. 5. In view of above, appeal filed by assessee is dismissed as unadmitted for want of prosecution. Order pronounced in open court on this 18th day of July, 2016.

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