NABOKUMAR JHA,NORTH 24 PARGANAS vs. D.C.I.T CIR - 49,KOLKATA, KOLKATA

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ITA 2222/KOL/2013Status: DisposedITAT Kolkata16 June 2016AY 2010-112 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal observed that the assessee was not interested in prosecuting the case. Following established precedents, the appeal was dismissed for want of prosecution.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). The case was listed for hearing multiple times, but the assessee or their representative did not appear. No adjournment petition was filed.

What were the issues?

The primary issue was the non-prosecution of the appeal by the assessee despite proper notice.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “C” BENCH : KOLKATA

Before: Sri P.M.Jagtap, & Sri S.S. Viswanethra Ravi

Date of Pronouncement: 16-06-2016 ORDER Shri S.S. Viswanethra Ravi, JM : This is an appeal filed by the assessee against order of the learned Commissioner of Income-tax (Appeals), XXXII, Kolkata in appeal no. 88/XXXII/12-13/Cir-49/Kol dated 12-06-2013 for the assessment year 2010-11.

2.

The case was posted for hearing on 21-04-2016 and 16-06-2016. Inspite of service of notices, none appeared on behalf of the assessee nor any adjournment petition was filed. It appears that the assessee is not interested in prosecuting his case. In view of the above, following the decisions of the ITAT, Delhi Bench in the case of Multiplan India (P) Limited reported in 38 ITD 320(Del) and Hon’ble M.P High Court in the case of Estate of late Tukojirao Holkar Vs. CWT reported in (223 ITR 480(MP), we dismiss the appeal of the assessee in limine for want of prosecution.

1 I.T. A No. 2222/Kol/2013 Nabokumar Jha-MP-C-JM

3.

In the result, the appeal of the assessee is dismissed.

THIS ORDER IS PRONOUNCED IN OPEN COURT ON Dt 16-06-2016

Sd/- Sd/- ( P.M. Jagtap S.S. Viswanethra Ravi Judicial Member , Accountant Member Date: 16-06-2016 *PP Sr.PS

Copy of the order forwarded to:

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