SHRI DHARMENDRA J. PANDYA,KHEDA vs. THE INCOME TAX OFFICER, WARD-7(3), AHMEDABAD

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ITA 85/AHD/2015Status: DisposedITAT Ahmedabad10 November 2017AY 2007-083 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 presumed the assessee was not serious in pursuing the appeal due to their continued absence. Consequently, the appeal was dismissed without a detailed examination of the merits.

What were the facts?

The assessee failed to appear before the tribunal for the hearing of their appeal despite multiple notices. The tribunal had previously adjourned the hearing at the assessee's request.

What were the issues?

The primary issue was the assessee's non-appearance and non-prosecution of the appeal before the tribunal.

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, “ SMC” BENCH, AHMEDABAD

Before: SHRI S.S. GODARA & SHRI PRADIP KUMAR KEDIA

Hearing: 06/11/2017

आदेश / O R D E R PER PRADIP KUMAR KEDIA - AM: The captioned appeal filed at the instance of the assessee is against the order of the Commissioner of Income Tax(Appeals)-I, Ahmedabad [CIT(A) in short] dated 31/07/2014 for the Assessment Year (AY) 2007-08.

ITA No. 85/Ahd/2015 Shri Dharmendra J. Pandya vs. ITO Asst.Year – 2007-08 - 2 - 2. In spite of several notices have been served upon the assessee, none attended on behalf of assessee. As per assessee’s representative request letter, the hearing of adjournment was fixed on 06/11/2017. On this date also, none appeared. In the aforementioned peculiar facts and circumstances of the case, in the absence of any representation on behalf of the assessee or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly 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 Holka vs. CWT: 223 ITR 480 (M.P.).

3.

Before parting, it would be appropriate to add that in case the assessee is able to show that there existed 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.

ITA No. 85/Ahd/2015 Shri Dharmendra J. Pandya vs. ITO Asst.Year – 2007-08 - 3 -

4.

In the result, he appeal of the Assessee is dismissed in limine. This Order pronounced in Open Court on 10/ 11 /2017

Sd/- Sd/- (एस.एस.गोदारा) (�द�प कुमार के�डया) �या�यक सद�य लेखा सद�य ( S.S. GODARA ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad; Dated 10/ 11 /2017 ट�.सी.नायर, व.�न.स./T.C. NAIR, Sr. PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-I, Ahmedabad �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//

उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation .. 6.11.17 (covered case – 38 ITD) 2. Date on which the typed draft is placed before the Dictating Member …7.11.17 3. Other Member… 4. Date on which the approved draft comes to the Sr.P.S./P.S…………….. 5. Date on which the fair order is placed before the Dictating Member for pronouncement…… 6. Date on which the fair order comes back to the Sr.P.S./P.S…….10.11.17 7. Date on which the file goes to the Bench Clerk…………………10.11.17 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………

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