MRS. SARLA MITTAL,NEW DELHI vs. ITO, NEW DELHI

PDF · subscribers
ITA 804/DEL/2014Status: DisposedITAT Delhi25 February 2016AY 1997-982 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 adjournment request and dismissed the appeal in limine due to the repeated adjournments and the uncured defect. The assessee was granted liberty to seek recall of the order by curing the defects.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. The appeal was adjourned multiple times due to the health of the Authorized Representative. A defect in the appeal fee deposit, pointed out earlier, remained uncured.

What were the issues?

Whether the appeal should be dismissed in limine due to repeated adjournments and failure to cure defects in the appeal filing.

AI-generated summary — verify with the full judgment below

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

Before: SMT DIVA SINGH

Hearing: 10.02.2016Pronounced: 25.02.2016

Date of Hearing 10.02.2016 Date of Pronouncement 25.02.2016 ORDER The present appeal has been filed by the assessee assailing the correctness of the order dated 29.11.2013 of CIT(A)-XXVIII, New Delhi pertaining to 1997-98 AY on various grounds.

2.

However, at the time of hearing, an adjournment was moved on the health ground of the ld.AR. The record shows that the present appeal came up for hearing on six different occasions i.e. 26.05.2015; 24.06.2015; 27.07.2015; 26.10.2015; 03.12.2015; 27.12.2015 and once again on 10.02.2016. It is seen that on two of the above occasions i.e. 26.05.2015 and 26.01.2015, the Bench was not functional. However, on the four remaining occasions the appeal was adjourned on the request of the counsel. The record shows that on each of these dates adjournment was sought on the grounds of health. It is further borne out from the record that the Registry had pointed out a defect on 11.09.2014 in the appeal filed by the assessee in regard to the deposit of appeal fee which till date remains not cured. In these circumstances, it is found that since even the defect remains uncured till date eminently shows that the I.T.A .No.-804/Del/2014 assessee may not be serious in pursuing the appeal filed. Accordingly, the adjournment request of the assessee was rejected dismissing the appeal in limine. Permission is granted to the assessee to pray for a recall of this order incase the assessee so desires by taking appropriate steps to cure the defects pointed out. Accordingly, in terms of the pronouncements the appeal is dismissed in limine. Liberty is granted to the assessee to recall this order by taking appropriate steps to cure the defect pointed out. 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 appeal of the assessee is dismissed in limine.

The order is pronounced in the open court on 25th of February, 2016.

Latest GST High Court judgments

Search GST case law →