BIKASH INFRA AND MARKETING PVT. LTD.,BHUBANESWAR vs. JCIT, RANGE-2, BHUBANESWAR
What did the Tribunal hold?
The Tribunal held that the appeal was not being prosecuted by the assessee. Citing various judicial precedents, the Tribunal dismissed the appeal for non-prosecution.
What were the facts?
The assessee filed an appeal against the order of the CIT(A). Notice for the hearing was sent to the assessee, but no one appeared on behalf of the assessee on the scheduled date.
What were the issues?
Whether an appeal can be dismissed for non-prosecution when the assessee fails to appear for the hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
- Estate of Late Tukojirao Holkar v. CWT2,040 citing223 ITR 480 · 1997 · HC
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI N.S.SAINI, AM & SHRI PAVAN KUMAR GADALE, JM
Per Shri Pavan Kumar Gadale, JM: The assessee has filed an appeal against the order of CIT(A)-1, Bhubaneswar, passed in ITAppeal No.0394/2015-16, dated 18.2.2016, u/s.143(3) of the Income Tax Act.
This appeal came for hearing today i.e. on 24.08.2017. The notice was sent to the assessee for hearing by registered post with AD on 21.07.2017 to the address given by the assessee in column no.10 of Form No.
However no one was present on behalf of the assessee on the date of hearing. It means that assessee is not interested to prosecut
The order continues below.
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