SHRI RASHMIKANT MOHANLAL SUTHAR,AHMEDABAD vs. INCOME TAX OFFICE,WARD-5(3)(2), AHMEDABAD
What did the Tribunal hold?
The Tribunal held that in the absence of representation and considering the assessee's lack of seriousness in pursuing the appeal, the appeal should be dismissed. The assessee was granted liberty to seek recall if a reasonable cause for non-representation is shown.
What were the facts?
The assessee's appeal for AY 2009-10 was listed for hearing, and the assessee was given a last opportunity to appear. However, the assessee remained unrepresented. The Tribunal noted that the assessee did not appear despite being given a last chance.
What were the issues?
The primary issue was the dismissal of the appeal due to the assessee's non-appearance and lack of representation during the hearing.
Which sections of the Income-tax Act were involved?
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, AHMEDABAD “SMC” BENCH
Before: Shri S.S. Godara & Shri Amarjit Singh
PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee’s appeal for A.Y. 2009-10, arises from order of the CIT(A)-5, Ahmedabad dated 13-10-2015, in proceedings under section 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short “the Act”.
I.T.A No. 3346/Ahd/2015 A.Y. 2009-10 Page No 2
At the time of hearing, none appeared on behalf of the appellant-assessee. Last opportunity of hearing was given to the assessee on 28/11/2017. Despite this, the assessee remained unrepresented. Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holka vs. CWT: 223 ITR480 (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.
In the result, the appeal of the Assessee is dismissed.
Order pronounced in the open court on 08-12-2017 (S.S. GODARA) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 08/12/2017
I.T.A No. 3346/Ahd/2015 A.Y. 2009-10 Page No 3 आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:-
Assessee
Revenue
Concerned CIT
CIT (A)
DR, ITAT, Ahmedabad
Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील"य अ"धकरण, अहमदाबाद
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026