PRAGNESH P. TEWAR,VADODARA vs. THE INCOME TAX OFFICER, WARD-2(4), BARODA

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ITA 1929/AHD/2016Status: DisposedITAT Ahmedabad03 October 2017AY 2008-093 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, in the absence of the assessee's representation and considering the lack of seriousness in pursuing the appeal, decided to dismiss the appeal. The assessee was granted liberty to seek recall if a reasonable cause for non-representation could be shown.

What were the facts?

The assessee's appeal for AY 2008-09 was scheduled for hearing. Despite a notice being sent to the assessee's correct address, no one appeared on behalf of the assessee. The notice was not returned as undelivered.

What were the issues?

Whether the appeal should be dismissed in limine due to the assessee's non-representation at the hearing.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show 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.

Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Respondent: Shri G.C. Daxini, Sr. D.R

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2008-09, arises from order of the CIT(A)-5, Vadodara dated 12-04-2016, in proceedings under section 144 r.w.s. 147 of the Income Tax Act, 1961; in short “the Act”.

2.

At the time of hearing, none appeared on behalf of the appellant-assessee. Last notice of hearing was sent to the assessee

I.T.A No. 1929/Ahd/2016 A.Y. 2008-09 Page No 2 on 07/09/2017 fixing the date of hearing on 20/09/2017 at the address indicated in column No.

10.

Despite this, the assessee remained unrepresented. It is further seen that the said notice has not come back unserved. 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 ITR480 (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, it would be at liberty if so advised to pray for a recall of this order.

4.

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

Order pronounced in the open court on 03-10-2017 (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 03/10/2017

I.T.A No. 1929/Ahd/2016 A.Y. 2008-09 Page No 3 आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:-

1.

Assessee

2.

Revenue

3.

Concerned CIT

4.

CIT (A)

5.

DR, ITAT, Ahmedabad

6.

Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील"य अ"धकरण, अहमदाबाद

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