M/S. SUN TECH CITY PVT. LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the assessee's appeal in limine. This was due to the assessee's failure to appear for the hearing and rectify the procedural defects in their appeal filing.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. However, the assessee failed to appear for the hearing and did not remove defects pointed out by the registry. These defects included not filing Form No. 35, grounds before CIT(A), and copies of the CIT(A) and quantum assessment orders.
What were the issues?
The primary issue was the assessee's non-compliance with procedural requirements for filing an appeal before the ITAT, leading to its dismissal.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No. 133/CTK/2016 Assessment Year : 2012-13
M/s. Sun Tech City Pvt Ltd., Vs. ACIT, Corporate Circle 1(2), Plot No.610. Saheed nagar, Bhubaneswar. Bhubaneswar. PAN/GIR No.AACCP 2032 J (Appellant) .. ( Respondent)
Assessee by : None Revenue by : Shri D.K.Pradhan, DR
Date of Hearing : 22/08/ 2017 Date of Pronouncement : 22 /08/ 2017
O R D E R Per N.S.Saini, AM This is an appeal filed by the assessee against the order of the
CIT(A)-1 Bhubaneswar dated 6.1.2016 for the assessment year 2012-13.
None appeared on behalf of the assessee when the matter was
called for hearing nor any application for adjournment was filed.
On perusal of records filed before the Tribunal, it is found that the
Registry has issued a defect notice dated 27.4.2016 to the assessee as
under:
1) Form No.35 and grounds before CIT(A) not filed.
2) Original/certified copy of CIT(A) order not filed.
3) Copy of quantum assessment order not filed.
2 ITA No. 133/CT K/ 2016 Asse ssment Year : 20 12- 13 It is observed that till date, the defects pointed out by the registry have
not been removed. In view of above, we dismiss the appeal of the
assessee in limine.
In the result, appeal filed by the assessee is dismissed.
Order pronounced in the open court on 22 /08/2017. Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 22 /08/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : M/s. Sun Tech City Pvt Ltd., Plot No.610. Saheed nagar, Bhubaneswar 2. The Respondent. ACIT, Corporate Circle 1(2), Bhubaneswar. 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT-1, Bhubaneswar 5. DR, ITAT, Cuttack BY ORDER, 6. Guard file. //True Copy// SR.PRIVATE SECRETARY ITAT, Cuttack
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