RAJNI CONSTRUCTION,NEW DELHI vs. ACIT, NEW DELHI

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ITA 2554/DEL/2015Status: DisposedITAT Delhi18 September 2018AY 1999-20002 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's consistent non-appearance indicated a lack of interest in prosecuting the appeal. Consequently, the appeal was dismissed in limine.

What were the facts?

The assessee's appeal was scheduled for hearing on multiple dates. Despite proper service of notice, the assessee failed to appear on both occasions. No adjournment application was filed by the assessee.

What were the issues?

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

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 “A”, NEW DELHI

Before: SHRI R. K. PANDA & SHRI SUDHANSHU SRIVASTAVA

For Respondent: Shri Raghunath, Sr.DR

Appellant by : None Respondent by : Shri Raghunath, Sr.DR Date of hearing : 18-09-2018 Date of pronouncement : 18-09-2018 O R D E R PER R. K. PANDA, AM :

This appeal filed by the assessee is directed against the order dated 27.02.2015 of the CIT(A)- 13, New Delhi relating to assessment year 1999-2000.

2.

This appeal was initially fixed for hearing on 31.05.2018. Despite service of notice, none appeared on behalf of the assessee on that date for which the case was adjourned to 18.09.2018 by issue of a fresh notice. However, when the name of the assessee was called today none appeared on behalf of the assessee and no application seeking adjournment of the case was filed. This type of attitude on the part of the assessee shows that it is not interested in prosecuting the appeal filed by him. Therefore, following the decision of the Tribunal in the case of Multiplan (India) (P) Ltd. reported in 38 ITD 320 and the decision of the Hon’ble Madhya Pradesh High Court in the case of Late Tukojirao Holkar reported in 223 ITR 480 (MP), the appeal filed by the assessee is dismissed in-limine. However, if the assessee through proper application can satisfy the Bench for such non-appearance on the date of hearing, the Tribunal may at its discretion recall the order.

3.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open Court at the time of hearing itself i.e. on this 18th day of September, 2018.

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