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Income Tax Appellate Tribunal, MUMBAI BENCHES “B” MUMBAI
Before: SHRI JOGINDER SINGH & SHRI N.K. PRADHAN
Assessee by None Department by Mr. N.P.Singh-DR Date of Hearing: 07/11/2016 Date of pronouncement: 07/11/2016 ORDER PER N.K.PRADHAN, AM:
This is an appeal filed by the Assessee. The relevant assessment year is 2008-09. It is directed against the order dated 09/11/2012 passed u/s 263 of the Income Tax Act, 1961 (‘the Act’) by the Commissioner of Income Tax -III, Thane.
The only ground by the assessee in this appeal is that ‘the ld. CIT erred in law and as well as on facts while setting aside the assessment order passed by the AO on the ground that the AO had not conducted proper enquiries with reference to cash deposited by the assessee in her account and investment made by her, in spite of the fact that the AO had examined these issues during assessment proceedings.’
We find that there is repeated non-compliance by the assessee to be notices issued by the Registry fixing the case of hearing. The case was fixed for hearing on 15/1/2015;13/7/2015;25/5/2016 and 7/11/2016 by sending the notices through RPAD. The assessee did not appear for hearing on the above dates.
The Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) has held as under:
"if the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference." 4.1 Similarly, Hon'ble Punjab & Haryana High Court in the case of New Diwan Oil Mills vs. CIT(2008) 296 ITR 495) returned the reference unanswered since the assessee remained absent and there was not any assistance from the assessee.
4.2 Their Lordships of Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another(118 ITR 461 at page 477-478) has held that the appeal does not mean mere filing of the memo of appeal but effectively pursuing the same.
Respectfully following the above decisions, the appeal is dismissed for non-prosecution .