SRI RAGAVENDRA REAL ESTATE,COIMBATORE vs. ITO, COIMBATORE

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ITA 2681/CHNY/2014Status: DisposedITAT Chennai07 April 2015AY 2010-20113 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 dismissed the appeal for non-prosecution, citing the proviso to Rule 24 of the Income Tax (Appellate Tribunal) Rules, 1963. However, the assessee can move to recall the order if there was sufficient cause for non-appearance.

What were the facts?

The assessee's appeal was fixed for hearing, and despite receiving notice by RPAD, no one appeared on behalf of the assessee. The Tribunal had previously adjourned the hearing at the assessee's request.

What were the issues?

Whether the appeal should be dismissed for non-prosecution when the assessee fails to appear for the hearing despite proper service of notice.

Which sections of the Income-tax Act were involved?

Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

Hearing: 07.04.2015Pronounced: 07.04.2015

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-I, Coimbatore, dated 20.08.2014 and pertains to assessment year 2010-11. request of the assessee, the appeal was adjourned to 07.04.02015.

The notice of hearing was served on the assessee by RPAD. When the appeal was taken up for hearing on 07.04.2015, no one appeared for assessee even though the assessee has received the notice by RPAD. The Registry has placed on record the posted acknowledgement as proof of service of notice on the assessee.

3.

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 07.04.2015 when the appeal was taken up for hearing.

4.

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

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