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.

U.P. Arthroplasty Society, Kanpur vs. Commissioner of Income Tax (Exemption), Lucknow

In the result, appeal of the assessee stands dismissed

ITA 261/LKW/2018[2018-19]Status: DisposedITAT Lucknow22 Feb 2019AY 2018-19

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2018-19 U.P. Arthroplasty Society V. Cit (Exemption) 59/60, 1St Floor, Birhana Road Lucknow Kanpur Tan/Pan:Aaaau3390A (Appellant) (Respondent) Appellant By: None Respondent By: Shri S. K. Madhuk, Cit (Dr) Date Of Hearing: 12 02 2019 Date Of Pronouncement: 22 02 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal For Assessment Year 2018-19 Against The Order Of The Ld. Cit (Exemption), Lucknow Dated 8/2/2018 Passed Under Section 12Aa(1)(B)(Ii) Of The Act. 2. This Appeal Was Taken Up For Hearing On 12.2.2019, But None Appeared On Behalf Of The Assessee, Nor Any Application For Adjournment Has Been Filed. We Find That The Notice Of Hearing Had Been Sent Through Rpad To The Assessee, The Acknowledgement Of Which Has Been Received Back Showing Receipt Of Notice By The Assessee On 10/1/2019. 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 S. K. Madhuk, CIT (DR)
Section 12A

…ee 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.261/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), we dismiss the appeal filed by the assessee for non prosecution. The assessee may, however,…