HARVEY HEART HOSPITAL LIMITED,CHENNAI vs. ACIT, CHENNAI

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-19, Chennai, dated 31.12.2014 and pertains to assessment year 2007-08. notice of hearing was served by RPAD and the registry has placed on record the postal acknowledgement received from the assessee as proof of service of notice. Inspite of that, no one appeared for the assessee when the appeal was taken up for hearing on 24.06.2015.

There may be various reasons for the assessee for not appearing before this Tribunal when the appeal was taken up for hearing. One of the reasons, presumably, the assessee may not be interested in prosecuting the appeal. Whatever may be the reason, by keeping the proviso to Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963, in mind, the appeal of the assessee is dismissed for non-prosecution. However, it is made clear that it is open to the assessee to move to this Tribunal for recall of this order provided there was sufficient cause on the part of the assessee for non-appearing before this Tribunal on 24.06.2015 when the appeal was taken up for hearing.

With the above observation, the appeal of the assessee is dismissed.