M/S. MKG INSURANCE BROKERS PVT. LTD.,DELHI vs. ACIT, NEW DELHI
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 presumed the assessee was not serious about pursuing the appeal due to repeated non-appearances. Consequently, the appeal was dismissed without going into the merits of the case.
What were the facts?
The assessee's appeal was initially dismissed ex-parte. The tribunal recalled this order after the assessee provided a reason for non-appearance. However, on the rescheduled hearing date, the assessee again failed to appear.
What were the issues?
Whether the appeal should be dismissed in limine due to the assessee's persistent non-appearance, despite a previous recall of an ex-parte order.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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
Income Tax Appellate Tribunal, DELHI BENCH: “SMC-1” NEW DELHI
Before: SMT DIVA SINGH
Date of Hearing 29.08.2016 Date of Pronouncement 19.10.2016 ORDER The present appeal came up for hearing as a result of order dated 29.07.2016 in M.A.No.358/Del/2015 wherein the Co-ordinate Bench recalled the ex-parte order dated 20.12.2013 holding that there was sufficient cause for non-appearance of the assessee on 16.12.2013 when the appeal was fixed for hearing. As a result of the said order, the appeal was fixed for hearing on 27.07.2016 on which date inadvertently it could not be fixed by the Registry which listed the same for hearing on 29.08.2016. However, on the date of hearing, no one was present on behalf of the assessee. It is seen that the present appeal has been filed by the assessee assailing the correctness of the order dated 19.11.2012 of the CIT(A), New Delhi pertaining to 2003-04. As observed the record shows that the assessee’s appeal was dismissed by the Co- ordinate Bench by an order dated 20.12.2013 confirming the addition of Rs.1,29,380/- made by the AO and sustained by the CIT(A) holding as under:- 2.5. “On perusal of the material on record, I observe that the assessee has not placed any material to establish the creditworthiness of the loan creditors nor there is any evidence to establish the genuineness of the transaction particularly when the amount was taken in cash. The assessee could at least file the bank statements of the loan creditors but the same is not on record, nor it was filed before the authorities below. Considering the facts of the case and the reasoning as stated by learned CIT(A), I do not find any reason to interfere with the order fo the learned CIT(A. Hence, I uphold the order fo learned CIT(A by rejecting the ground of appeal taken by the assessee.”
I.T.A .No.-1076/Del/2013 2. Aggrieved by this, the assessee filed an M.A. petition before the ITAT pleading that the Counsel could not present on account of heavy traffic jam and pray for a recall of this order. The said prayer was allowed by the Co-ordinate Bench. Despite this fact, no one was present on behalf of the assessee. Accordingly, in the peculiar facts and circumstances of the present case, it can be safely presumed that the assessee is not serious in pursuing the present appeal as otherwise there is nothing on record to show that the assessee is interested in addressing the delay. Accordingly in the absence of any representation or petition seeking time, the only alternative left is to dismiss the appeal of the assessee in limine. Support is drawn from the order of the Tribunals in Commissioner of Income-Tax vs. Multi Plan India (P) Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holkar vs. CWT: 223 ITR 480 (M.P).
Before parting it is appropriate to add that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing, it would be at liberty if so advised to pray for a recall of this order. The said order was pronounced on the date of hearing itself in the open Court.
In the result, the appeal of the assessee is dismissed. The order is pronounced in the open court on 19th of October, 2016.
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