U & V IMPEX INDIA PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

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ITA 5130/DEL/2015Status: DisposedITAT Delhi29 March 2016AY 2008-092 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 rejected the assessee's adjournment petition due to the persistent defects in the appeals and the lack of seriousness in pursuing them. Liberty was granted to the assessee to seek recall of the order if defects are cured.

What were the facts?

The assessee filed appeals which were found to be defective by the registry. Despite multiple opportunities and communications, the defects remained uncured.

What were the issues?

Whether the appeals should be dismissed in limine due to persistent defects and lack of prosecution by the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘A-SMC’ NEW DELHI

Before: SMT DIVA SINGH & SH.PRASHANT MAHARISHI

For Appellant: Ms. Anu Priya, AR
Hearing: 17.03.2016Pronounced: 29.03.2016

ORDER

PER DIVA SINGH, JM

1.

The present appeals have been filed by the assessee assailing the correctness of the order dated 20.05.2015 of CIT(A)-22, New Delhi pertaining to 2008-09 & 2011-12 AYs.

2.

At the time of hearing, an adjournment petition was moved on behalf of the assessee. On a perusal of the record, it was seen that the appeals filed by the assessee are defective. The defects pointed out by the Registry, it is seen have been communicated to the assessee on 21.08.2015 and till date, they remain not cured. The record further shows that the appeal came up for hearing on five different occasions despite this the defect remains in the appeals filed. In the afore-mentioned peculiar facts and circumstances, the Ld.AR was required to address why the petition seeking time should not be rejected. In the absence of any explanation offered the petition is rejected as it

I.T.A .No.-5130 & 5131/Del/2015 may be a case where the assessee is not be serious in pursuing the appeals as a result thereof the appeals have remained defective. Liberty is given to the assessee to pray for a recall of this order, in case the assessee is serious in pursuing the appeals by attempting to take appropriate corrective actions. In such an eventuality, the Co-ordinate Bench considering the petition if so moved, if so satisfied that the defects have been cured may recall this order. The said order was pronounced in the open Court in the presence of the parties.

3.

In the result, the appeals of the assessee are dismissed in limine. The order is pronounced in the open court on 29th of March, 2016.

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