TRUST BAWA GOVERDHAN DASS JI,NEW DELHI vs. DIT (E), NEW DELHI
What did the Tribunal hold?
The Tribunal held that the assessee appeared to be not interested in prosecuting its appeal due to repeated non-appearance. The appeal was dismissed for non-prosecution.
What were the facts?
The assessee's appeal against an order passed by the Director of Income-tax (Exemptions) was listed for hearing. The assessee did not appear for the hearing and did not file any adjournment application.
What were the issues?
Whether an appeal can be dismissed for non-prosecution when the appellant fails to appear for hearings. The importance of actively pursuing an appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)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
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, DELHI BENCH : H : NEW DELHI
Before: SHRI R.S. SYAL & SHRI SUDHANSHU SRIVASTAVA
Assessment Year : NA Trust Bawa Goverdhan Dass Ji, Vs. DIT(E), C/o Mr. K.S. Kohli, FCA, New Delhi. WZ-908-B, FF (CB AREA) Near CB-1, Ring Road, Naraina, New Delhi. PAN : AACTT2292D (Appellant) (Respondent) Appellant by : None Respondent by: Shri Rajiv Ranka, Sr.DR Date of Hearing : 28.01.2016 Date of Pronouncement: 28.01.2016 ORDER
PER R.S. SYAL, AM:
This appeal by the assessee is directed against the order passed by the Director of Income-tax (Exemptions), New Delhi, u/s 12AA (1) (b) r.w.s. 12A of the Income-tax Act, 1961, on 29.8.2013.
When the matter was called up for hearing today, no one has appeared on behalf of the assessee. The assessee has not filed any adjournment application also. The notice of hearing sent to the assessee has not been returned unserved. Earlier, on 27.02.2015, also when the matter was fixed for hearing, the assessee was not represented nor any adjournment application was moved. In these circumstances, it appears that the assessee is not interested in prosecuting its appeal. The appeal filed by the assessee is, therefore, liable to be dismissed, for non-prosecution. Our above view finds support from the following decisions:-
1. 1. CIT vs. B.N. Bhattachargee & anr., 118 ITR 461, wherein their Lordships have held: “The appeal does not mean merely filing of the appeal but effectively pursuing it.”
2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.), wherein, while dismissing the reference made at the instance of the assessee in default, their Lordships made the following observation:- “If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the reference, the court is not bound to answer the reference.”
3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd, 38 ITD 320 (Del.),wherein the appeal filed by the revenue before the Tribunal, was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the revenue as unadmitted in view of the provision of Rule 19 of the Income-tax (Appellate Tribunal) Rules, 1963.
In the result, the appeal filed by the assessee is dismissed for non- prosecution. The decision was pronounced in the open court on 28th January, 2016.
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