SMT. HARSH LATA RENJEN,GURGAON vs. DCIT (INTERNATIONAL TAXATION), GURGAON

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ITA 6759/DEL/2015Status: DisposedITAT Delhi25 February 2016AY 2012-132 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 observed that the assessee was not serious in pursuing the appeal due to the lack of representation. Therefore, the appeal was dismissed in limine.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2012-13. However, no one appeared on behalf of the assessee during the hearing, despite proper notice being issued.

What were the issues?

The primary issue was the non-representation of the assessee before the tribunal, leading to the dismissal of the appeal.

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, DELHI BENCH: ‘SMC-I’ NEW DELHI

Before: SMT DIVA SINGH

For Respondent: Mr. Manoj Kumar Chopra, Sr.DR
Hearing: 11.02.2016Pronounced: 25.02.2016

Date of Hearing 11.02.2016 Date of Pronouncement 25.02.2016 ORDER

PER DIVA SINGH, JM

1.

The present appeal was filed by the assessee assailing the correctness of the order dated 30.10.2015 of CIT(A)-43, New Delhi pertaining to 2012-13 AY on the various grounds.

2.

However, at the time of hearing no one was present on behalf of the assessee and the appeal was passed over. In the second round also, the position remained the same. The record shows that notice for the date of hearing has been issued to the assessee on 05.01.2016 at the address given in column no. 10 in the memo of appeal filed. Accordingly in the absence of any representation or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal. In the circumstances 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 Holkar vs. CWT: 223 ITR 480 (M.P). 3. 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 then the assessee if so advised would be at liberty to pray for a recall of I.T.A .No.-6759/Del/2015 this order. The said order was pronounced on the date of hearing itself in the open Court. 4. In the result, the appeal of the assessee is dismissed. The order is pronounced in the open court on 25th of February, 2016.

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