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 367,282 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.

Young Bodhisatya Society India, Lucknow vs. Commissioner of Income Tax (Exemption), Lucknow

In the result, appeal of the assessee stands dismissed

ITA 525/LKW/2018[NA]Status: DisposedITAT Lucknow06 Sept 2019

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: N.A. Young Bodhisatya Society V. Cit (Exemption) India (Ybs India) Lucknow Jetvan, E-367, Sector I, Lda Colony, Kanpur Road, Lucknow Tan/Pan:Aaaay1393B (Appellant) (Respondent) Appellant By: None Respondent By: Smt. Alka Singh, D.R. Date Of Hearing: 22 08 2019 Date Of Pronouncement: 06 09 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit (Exemption), Lucknow, Dated 23/4/2018, Rejecting The Application Of The Assessee For Approval Under Section 80G(5)(Vi) Of The Income Tax Act, 1961. 2. This Appeal Was Taken Up For Hearing On 22/8/2019, But None Has Appeared On Behalf Of The Assessee, Despite Issuance Of Notice Through Rpad, Which Has Been Returned Unserved By The Postal Authorities With The Remark “The Door Of The Addressee’S House Is Under Lock For A Long Period. At Present No One Reside At The Given Address. Hence Returned.” The Notice Was Sent To The Assessee On The Address Given In Form No.36. Since The Assessee Did Not Appear, It Appears That The Assessee Is Not Interested In Prosecuting The Appeal. As Such, We

For Appellant: NoneFor Respondent: Smt. Alka Singh, D.R
Section 80G(5)(vi)

…e is not interested in prosecuting the appeal. As such, we ITA No.525/LKW/2018 Page 2 of 2 hold that the appeal is liable to be dismissed for non-prosecution. In this regard, we place reliance upon the following case laws:- 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) 3. Respectfully following the view taken in the cases cited (supra), the appeal filed by the assessee is dismissed for non- prosecution. The assessee may, howeve…

Narainshree Foundation, Jalaun vs. Commissioner of Income Tax (Exemption), Lucknow

In the result, appeal of the assessee stands dismissed

ITA 627/LKW/2018[2018-19]Status: DisposedITAT Lucknow22 Aug 2019AY 2018-19

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: N.A. Narainshree Foundation V. Cit (Exemptions) 1001, Rajendra Nagar Lucknow Station Road, Orai Jalaun Tan/Pan:Aactn6475E (Appellant) (Respondent) Appellant By: None Respondent By: Shri A. K. Bar, Cit (Dr) Date Of Hearing: 19 08 2019 Date Of Pronouncement: 22 08 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit (Exemption), Lucknow, Dated 19/7/2018, Rejecting The Application Of The Assessee For Registration Under Section 12A(1) Of The Income Tax Act, 1961. 2. This Appeal Was Taken Up For Hearing On 19/8/2019, But None Has Appeared On Behalf Of The Assessee, Despite Issuance Of Notice Through Rpad, Which Has Not Returned Unserved. Since The Assessee Did Not Appear Despite Having Knowledge Of The Date Of Hearing, It Appears That The Assessee Is Not Interested In Prosecuting The Appeal. As Such, We Hold That The Appeal Is Liable To Be Dismissed For Non- Prosecution. In This Regard, We Place Reliance Upon The Following Case Laws:-

For Appellant: NoneFor Respondent: Shri A. K. Bar, CIT (DR)
Section 12A(1)

…e is not interested in prosecuting the appeal. As such, we hold that the appeal is liable to be dismissed for non- prosecution. In this regard, we place reliance upon the following case laws:- ITA No.627/LKW/2018 Page 2 of 2 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) 3. Respectfully following the view taken in the cases cited (supra), the appeal filed by the assessee is dismissed for non- prosecution. The assessee may, howeve…