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 367,368 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.

Adimulam Harivardhan, Rajahmundry vs. The CIT(A)-12, Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 529/VIZ/2018[2012-13]Status: DisposedITAT Visakhapatnam30 Apr 2019AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleadimulam Harivardhan, Vs. Ito, Ward-2(2), S/O Late A. Narayana Rao, Rajahmundry. Prop. M/S. Murali Krishna Enterprises, D.No. 29-33-6, Devi Chowk, Rajahmundry. Pan No. Atjpa 8637 M (Appellant) (Respondent) Assessee By : Shri G.V.N. Hari – Advocate. Department By : Smt. Suman Malik – Sr.Dr Date Of Hearing : 16/04/2019. Date Of Pronouncement : 30/04/2019. O R D E R Per V. Durga Raothis Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-12, Hyderabad, Dated 18/07/2018 For The Assessment Year 2012-13. 2. There Is A Delay Of One Day In Filing This Appeal. The Assessee Has Filed An Affidavit. We Have Gone Through The Affidavit & Find That There Is A Sufficient Cause To Condone The Delay. Accordingly, Delay Is Condoned. 3. Facts Of The Case, In Brief, Are That The Assessee Is The Proprietor Of M/S. Sree Murali Krishna Enterprises, Engaged In (Adimulam Harivardhan)

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Smt. Suman Malik – Sr.DR
Section 133ASection 143(3)Section 148

…carried the matter in appeal before the ld.CIT(A). Before the ld. CIT(A), the assessee has not appeared. Ld. CIT(A) after giving as many as 08 opportunities, passed an exparte order by following the decision in the case of CIT Vs. Multiplan (India) Pvt. Ltd. [38 ITD 320 (Del.)] 5. On appeal before us, ld. counsel for the assessee has submitted that due to unavoidable circumstances, assessee could not appear before the ld. CIT(A) and submitted that one more opportunity should be given to the assessee as he is ready to appear before the ld. CIT(A) without fail. He further submitted that the ld. CIT(A) without adjud…

Basavaraj G Kallimath, Dharwad vs. The Income Tax Officer Ward-1(4), Hubli

In the result, the appeal of the assessee for Assessment Year 2014-15

ITA 3277/BANG/2018[2014-15]Status: DisposedITAT Bangalore26 Apr 2019AY 2014-15

Bench: Shri Jason P Boazi.T. A. No. 3277/Bang/2018 (Assessment Year : 2014-15) Mr. Basavaraj G. Kallimath, Prop: New Karnataka Roadlines, H. No. 88, Mangilal Building, Ghantikeri Oni, Hubballi, Dist. Dharwad. …… Appellant. Vs. Income Tax Officer, Ward – 1(4), Hubli. .….. Respondent. Appellant By : None. Respondent By : Shri. Sumer Singh Meena, Addl. Cit Date Of Hearing : 25.04.2019. Date Of Pronouncement : 26.04.2019. O R D E R Per Shri Jason P Boaz, A.M. : This Appeal By The Assessee Is Directed Against The Order Dt.09.03.2018 Of Commissioner Of Income Tax (Appeals), Hubli, For The Assessment Year 2014-15. 2 2. None Has Appeared On Behalf Of The Assessee When This Appeal Was Called For Hearing Today I.E., On 25.04.2019. It Is Seen From The Record That Even On Earlier Occasions, The Learned Ar For The Assessee Sought Adjournments Of Hearings On Behalf Of The Assessee & Has Till Date Not Put Forward Any Submissions Whatsoever In Support Of The Grounds Raised By The Assessee In This Appeal.

For Appellant: NoneFor Respondent: Shri. Sumer Singh Meena, Addl. CIT

…“VIGILANTIBUS ET NON DORMIENTIBUS SERVIUNT LEGES”. Considering the facts and circumstances of the case and keeping in view the provisions of Rule 19(2) of the Income Tax Appellate Tribunal Rules as were considered in the case of CIT Vs. Multiplan India Ltd. (38 ITD 320) (Del), the assessee’s appeal is dismissed. 4. In the result, the appeal of the assessee for Assessment Year 2014-15 is dismissed. 3 Order pronounced in the open court on 26th April, 2019. (N. V. VASUDEVAN) Accountant Member Bangalore, Dt. 26.04.2019. *NS Copy to : 1. Appellant 2. Respondent 3. C.I.T. 4. CIT(A) 5. DR, ITAT, Bangalore. 6. Guard…

Smt Usha Arora, Chandrapur vs. Assistant Commissioner of Income Tax, Chandrapur

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

ITA 68/NAG/2019[2014-15]Status: DisposedITAT Nagpur24 Apr 2019AY 2014-15

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.68/Nag/2019 िनधा"रण वष" / Assessment Year : 2014–15 Smt. Usha Arora, Ganj Ward, Arora Prasuti Gruha, Chandrapur-442402. .......अपीलाथ" / Appellant Pan : Abfpa1032N बनाम / V/S. Acit, Chandrapur Circle, ……""यथ" / Respondent Chandrapur. S.A. No.01/Nag/2019 (Arising Out Of Ita No.68/Nag/2019) िनधा"रण वष" / Assessment Year : 2014–15 Smt. Usha Arora, Ganj Ward, Arora Prasuti Gruha, Chandrapur-442402. .......अपीलाथ" / Appellant Pan : Abfpa1032N बनाम / V/S. Acit, Chandrapur Circle, ……""यथ" / Respondent Chandrapur. Assessee By : Shri Abhay Agarwal, Adv. Revenue By : Shri U. U. Kasar, Jt. Cit

For Appellant: Shri Abhay Agarwal, AdvFor Respondent: Shri U. U. Kasar, Jt. CIT
Section 143(3)Section 250(6)

…term capital gain of Rs.22,35,195/- and added the same to the total income of the assessee and assessed the total income of the assessee at 3 S.A. No.01/NAG/2019 Rs.39,99,500/-. The CIT(A), relying on the decision in the case of CIT vs. Multiplan India Ltd., 38 ITD 320, passed an ex-parte order and dismissed the appeal of the assessee due to non-appearance of the assessee before the CIT(A). Thus, in the process, huge demand is created. 4. Aggrieved with the same, assessee not only filed the appeal against the additions but also filed Stay Application for stay of recovery of demand. 5. Before us, ld. Counsel for…

M/S Maitri Realtor and Construction Pvt Ltd, Bangalore vs. The Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result, the appeal of the assessee for Assessment Year 2014-

ITA 562/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Apr 2019AY 2014-15

Bench: Shri Jason P Boaz & Shri Laliet Kumari.T. A. No. 562/Bang/2018 (Assessment Year : 2014-15) M/S. Maitri Realtor & Construction Pvt. Ltd., No.65/1, 2Nd Floor, Chennamma Memorial, School Compound, Mission Road, Bangalore -560 027. …… Appellant. Vs. Deputy Commissioner Of Income Tax, Circle – 4(1)(2), 2Nd Floor, Bmtc Building, 80 Feet Road, Koramangala, Bangalore – 560 095. ….. Respondent. Appellant By : None. Respondent By : Shri C. H. Sundar Rao, Cit (D.R) Date Of Hearing : 04.04.2019. Date Of Pronouncement : 24.04.2019. O R D E R Per Shri Jason P Boaz, A.M. : This Appeal By The Assessee Is Directed Against The Order Dt. 30.11.2017 Of Commissioner Of Income Tax (Appeals)-4, Bangalore For The Assessment Year 2014-15. 2 2. None Has Appeared On Behalf Of The Assessee When This Appeal Was Called For Hearing On 04.04.2019. It Is Seen From The Record That The Assessee Has Earlier Been Afforded Hearings On 12.06.2018 & 04.09.2018, Where The Learned Ar For The Assessee Sought Adjournments Of Hearings On Behalf Of The Assessee. In The Hearing Fixed On 27.11.2018, The Learned Ar Filed Letter Of Even Date Informing The Bench That It Was Withdrawing The Power Of Attorney To Represent The Case As They Were Unable To Contact The Assessee. We Find That The Notice Issued By Registry Fixing The Date Of Hearing Of This Appeal For 04.04.2019 Was Returned Unserved By Postal Authorities. In View Of The Facts & Circumstances Of The Case As Laid Out Above, We Are Satisfied That The Assessee Is Not Interested In Pursuing The Present Appeal.

For Appellant: NoneFor Respondent: Shri C. H. Sundar Rao, CIT (D.R)

…“VIGILANTIBUS ET NON DORMIENTIBUS SERVIUNT LEGES”. Considering the facts and circumstances of the case and keeping in view the provisions of Rule 19(2) of the Income Tax Appellate Tribunal Rules as were considered in the case of CIT Vs. Multiplan India Ltd. (38 ITD 320) (Del), the assessee’s appeal is dismissed. 3 4. In the result, the appeal of the assessee for Assessment Year 2014- 15 is dismissed. Order pronounced in the open court on 24th April, 2019. (LALIET KUMAR) Accountant Member Bangalore, Dt. 24.04.2019. *NS Copy to : 1. Appellant 2. Respondent 3. C.I.T. 4. CIT(A) 5. DR, ITAT, Bangalore. 6. Guard F…