BABU SINGH,NEW DELHI vs. ITO, SHAMLI

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ITA 953/DEL/2015Status: DisposedITAT Delhi18 July 2016AY 2008-092 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, citing Rule 19(2) of ITAT Rules and relevant case law, treated the appeal as unadmitted and dismissed it. The order clarified that the appeal could be recalled if the assessee provided satisfactory reasons for non-appearance.

What were the facts?

The assessee's appeal was listed for hearing on 14.07.2016. Neither the assessee nor their representative attended the hearing, nor was an adjournment requested. The Tribunal inferred the assessee was not interested in pursuing the appeal.

What were the issues?

The primary issue was the assessee's non-appearance at the hearing, leading to the dismissal of the appeal without adjudication on its merits.

Which sections of the Income-tax Act were involved?

Rule 19(2) of ITAT Rules

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Before: SHRI H.S. SIDHU

Date of Hearing : 14-07-2016 Date of Order : 18-07-2016

O R D E R PER H.S. SIDHU, JM This appeal is filed by the Assessee is directed against the Order dated 1.12.2014 of the Ld. CIT(A)-Muzaffarnagar relevant to assessment year 2008-09.

2.

In this case the Notice was sent to the Assessee for hearing by Regd. AD Post for 14.07.2016 at the address mentioned in Form No. 36 vide Column No. 10.

3.

On 14.07.2016, neither the assessee nor his 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.

4.

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.

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