MALAY DOLUI,HALDIA vs. ITO,WARD-27(1), HALDIA., HALDIA

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ITA 1353/KOL/2016Status: HeardITAT Kolkata29 November 2016AY 2009-20102 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 noted the assessee's lack of interest in prosecuting the case. Following established precedents, the appeal was dismissed for want of prosecution.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2009-10. Despite multiple notices, the assessee neither appeared nor filed an adjournment petition.

What were the issues?

The primary issue was the dismissal of the appeal due to the assessee's failure to appear and prosecute the case.

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, ‘D’ BENCH

Before: Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

This an appeal filed by the assessee is against the order of the learned Commissioner of Income-tax (Appeals), 7, Kolkata dated 28/04/2016 for the assessment year 2009-10.

2.

Inspite of service of notices for the hearing on various dates fixed by the bench none appeared on behalf of the assessee nor any adjournment petition was filed. It appears that the assessee is not interested in prosecuting his case. In view of the above, following the decisions of the ITAT, Delhi Bench in the case of Multiplan India (P) Limited reported in 38 ITD 320(Del) and Hon’ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar Vs. CWT reported in (223 ITR 480(MP), we dismiss the appeal of the assessee in limine for want of prosecution.

3.

In the result, the appeal filed by the assessee is dismissed. Order Pronounced in the Open Court on 29-11-2016.

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