SH. NIRMAL SINGH BHANGOO,NEW DELHI vs. DCIT, NEW DELHI

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ITA 3750/DEL/2014Status: DisposedITAT Delhi14 June 2016AY 2004-052 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, inferred that the assessee was not interested in pursuing the appeal. The appeal was therefore dismissed without adjudication.

What were the facts?

The assessee's appeal was scheduled for hearing, but the notice sent to the assessee's registered address was returned undelivered. Neither the assessee nor their representative appeared for the hearing.

What were the issues?

Whether an appeal can be dismissed for non-appearance of the assessee and non-prosecution after due notice.

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(2)Show list

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Before: SHRI H.S. SIDHU

Date of Hearing : 14-06-2016 Date of Order : 14-06-2016

O R D E R PER H.S. SIDHU, JM This appeal is filed by the Assessee is directed against the Order dated 10.2.2014 of the Ld. CIT(A)-XXXIII, New Delhi relevant to assessment year 2004-05.

2.

In this case the Notice was sent to the Assessee for hearing by Regd. AD Post for today i.e. 14.06.2016 at the address mentioned in Form No. 36 vide Column No. 10, but the same was returned back with the remarks that nobody was there to receive the letter.

3.

On 14.06.2016, neither the assessee nor his authorised representative attended the hearing and also not filed any application for adjournment and also no fresh address has been given by the Assessee and hence, I am of the view that no useful purpose would be served to serve the notice again and again to the assessee on the same address. In view of above, 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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