CIT v. Multiplan India Ltd.

38 ITD 320Income Tax Appellate Tribunal1991#8 most cited

What is CIT v. Multiplan India Ltd. authority for?

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

2,267

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Multiplan India Ltd. · Rule 19(2) Income-tax (Appellate Tribunal) Rules · appeal dismissed non-prosecution · appeal unadmitted · appellant non-cooperation · lack of diligence · opportunity of being heard · section 250 · appellate procedure

Issues it is cited on

Judgments citing CIT v. Multiplan India Ltd.

R B Diamond House, Jalgaon vs. Pne-C-1, Range -25, Circle -1, Office of the Commissioner of Income Tax- Jalgaon

In the result, the appeal of the assessee is allowed for statistical

ITA 1948/PUN/2025[2016-17]Status: DisposedITAT Pune19 Dec 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1948/Pun/2025 निर्धारण वर्ष / Assessment Year : 2016-17 R B Diamond House, Opposite Manohar Sarees, Baliram Peth, Jalgaon-425001 Pan : Aaifr9130Q Vs. Pne-C-1, Range-25, Circle-1, Cit, Jalgaon अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Sanjay T. Tupe Department By : Smt. Indira R. Adakil Date Of Hearing : 04-12-2025 Date Of Pronouncement : 19-12-2025 आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 10.06.2025 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac"] Pertaining To Assessment Year (“Ay”) 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal :- "Ground No. 1: Ex-Parte Order Bad In Law 1. On The Facts & Circumstances Of The Case & In Law, The Ex Parte Order Passed By Cit(A)/ Nafc Is Bad In Law & Violates Principles Of Natural Justice. This Has Lead To A Denial Of Effective Opportunity For A Hearing. Ground No. 2: Violation Of Section 250(6) 2. On The Facts & Circumstances Of The Case & In Law, Cit(A)/ Nafc Failed To Comply With Section 250(6), Requiring Reasoned Findings On Each Ground Of Appeal. Ground No. 3: Non-Response Of Notices Due To Medical Issue 3. On The Facts & Circumstances Of The Case & In Law, Hearing Notices Were Not Responded To Due To The Illness Of Ms. Rupal Bagrecha Who Is Taking Care Of Accounting, All Income Tax & Other Statutory Compliances. Her E-Mail Id Rupalbagrecha21@Gmail.Com Is Registered On The Income Tax Portal. She Was Suffering From Severe Symptoms Of Epilepsy & Undergoing Medical Investigation From February 2025 Onwards, Preventing Timely Communication Of Notices To The Tax Consultant, Constituting Reasonable & Sufficient Cause For Non-Response.

For Appellant: Shri Sanjay T. TupeFor Respondent: Smt. Indira R. Adakil
Section 250(6)Section 69A

…s the appeal following the ratio of decision of the Hon'ble MP High Court in the case of Estate of Late Tukhoji Rao Holkar vs. CWT reported in 233 ITR 480 and the decision of Hon'ble ITAT, Delhi Branch in the case of CIT vs. Multiplan India Limite reported in 38 ITD 320. The law assists those who are vigilant with their rights and not those that sleep there upon. Following the principle as embodied in the well known Dictum "vigilantbus non dormentibus, jura subveniunt", all the grounds raised in this appeal as reproduced in para 1.1 supra are dismissed.” 5. Dissatisfied, the assessee is in appeal before the Tribu…

Navinbhai Bachubhai Makadia L/H. Samirbhai Navinbhai Makadia, Rajkot vs. The ITO Ward - 3 (1) (3) Rajkot, Rajkot

In the result, the appeals of the Assessee is dismissed in limine

ITA 207/RJT/2025[2017-18]Status: DisposedITAT Rajkot09 Dec 2025AY 2017-18

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 207/Rjt/2025 "नधा"रणवष" / Assessment Year: (2017-18) (Hybrid Hearing) Navinbhai Bachubhai Makadia, Vs. The Ito Ward 3(1)(3) L/H. Samirbhai Navinbhai Makadia Rajkot - 360001 C/O Uma Motor Opp- S.T. Work Shop. Gondal Road, Rajkot "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aetpm1907P (Appellant) (Respondent) Appellant By : Written Submission Respondent By : Shri Abhimanyu Singh Yadav Ld. Sr. Dr Date Of Hearing : 08 / 10 /2025 Date Of Pronouncement : 09 / 12 /2025

For Appellant: Written SubmissionFor Respondent: Shri Abhimanyu Singh Yadav Ld. SR. DR
Section 144Section 250

…the assessee is not serious in pursuing the appeal filed. Accordingly, the only alternative left is to dismiss the appeals 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 Holkar vs. CWT: 223 ITR 480 (M.P.). Before parting, it would be appropriate to add that in case the assessee is able to show that there existed a reasonable cause for non-representation on the date of hearing, assessee would be at liberty, if so advised, to seek for a recall of this order. In the result, the appe…

Aditya Saini, Jaipur vs. ITO WD 6(2), Jpr, Jaipur

In the result, the appeal of the assessee is allowed for statistical

ITA 1571/JPR/2024[2020-2021]Status: DisposedITAT Jaipur11 Nov 2025AY 2020-2021

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA No. 1571/JP/2024 निर्धारण वर्ष / Assessment Year : 2020-21 Aditya Saini बनाम Income Tax Officer, 1211 B3 Barkat Nagar, Gandhi Vs. Ward 6(2), Jaipur Nagar, Jaipur अपीलार्थी / Appellant प्रत्यर्थी / Respondent स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: IFVPS8965E निर्धारिती की ओर से / Assessee by: Sh. Sunil Morani, CA राजस्व की ओर से / Revenue by : Sh. Gautam Singh Choudhary, Addl. CIT सुनवाई की तारीख /

For Appellant: Sh. Sunil Morani, CAFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT
Section 143(3)Section 144

…the appointed date. Mere filing of an appeal is not enough, rather it requires effective prosecution also. Therefore, the appeal is found liable for dismissal. This view is supported by the following judicial pronouncements:- (i) CIT vs Multiplan India Ltd. 38 ITD 320(Del) 3 Aditya Saini vs. ITO (ii) Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (M.P.) (iii) New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P&H) (iv) CIT vs. B. N. Bhatachargee And Another 118 ITR 461 (SC). 5.2 The Hon'ble ITAT, Jabalpur Bench, Jabalpur in the case of M/s Bindra Warehousing Corporation, Itarsi vs ITO, ITA No. 153/Jab/2016…

Menaba Charitable Trust, Ahmedabad vs. The ITO, Ward-1(Exemptions), Ahmedabad

ITA 1361/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.1361/Ahd/2025 िनधा"रण वष" /Assessment Year : 2017-18 Menaba Charitable Trust The Ito बनाम/ 26, Mahavir Jain Soc., Ward-1 (Exemptions) V/S. Bapunagar Ahmedabad – 380 015 Ahmedabad – 380 024 "थायी लेखा सं./Pan: Aaatm 2171 N (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Rushin Patel, Ar Revenue By : Shri C Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 24/12/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2017-2018. 2. The Assessee Raised The Following Grounds Of Appeal:

For Appellant: Shri Rushin Patel, ARFor Respondent: Shri C Dharani Nath, Sr.DR
Section 11Section 115BSection 250

…fore treated the appeal as not maintainable for want of prosecution. The CIT(A) placed reliance on the decisions of CIT v. B.N. Bhattacharjee [118 ITR 461 (SC)], Estate of Late Tukoji Rao Holkar v. CWT [223 ITR 480 (MP)], and CIT v. Multiplan India (P.) Ltd. [38 ITD 320 (Del.)], wherein it was held that mere filing of an appeal is not sufficient, and failure to pursue it diligently justifies its dismissal for non-prosecution. Notwithstanding the dismissal of the assessee’s case on account of non-prosecution, the CIT(A) also examined the case on merits. After considering the assessment records, the CIT(A) observed…