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.

Sri Nirmal Kr. Nandi, Prop. of Usha Construction, Bankura vs. ITO, Ward - 3(1), Bankura

In the result, the appeal of the assessee is dismissed

ITA 1978/KOL/2017[2013-14]Status: DisposedITAT Kolkata07 Feb 2019AY 2013-14

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm] I.T.A. No. 1978/Kol/2017 Assessment Year: 2013-14 Sri Nirmal Kr. Nandi,.................................………………………………………………………….Appellant (Prop. Of Usha Construction, Bellia, Jambedia, Bankura – 722 239. [Pan: Adspn 4713 E] Ito Ward 3(1), Bankura...................……………………………………………………….......Respondent Kenduadihi, Bankura -722 102. Appearances By: None Appearing On Behalf Of The Assessee. Shri Shankar Halder Sr(Dr), Jcit, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 07, 2019 Date Of Pronouncing The Order : February 07, 2019 Order Per P.M. Jagtapthis Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A), Durgapur Dated 22.06.2017 Whereby He Confirmed The Penalty Of Rs. 76,655/- Imposed By The Ao U/S 271B Of The Income Tax Act, 1961. 2. In This Case, The Appeal Filed By The Assessee Was Initially Fixed For Hearing On 07.08.2018. None, However, Appeared On Behalf Of The Assessee On The Said Date & Accordingly, The Hearing Was A Djourned To 18.09.2018. On 18.09.2018, The Assessee Sought Adjournment & Accordingly, The Hearing Was Adjourned To 12.11.2018. On 12.11.2018, None Again Appeared On Behalf Of The Assessee. In Order To Give One More Opportunity To The Assessee, The Hearing Was Adjourned To 29.11.2018. On 29.11.2018, The Assessee Again Sought Adjournment & Accordingly, The Hearing Was Adjourned To 31.12.2018. On 2 Sri Nirmal Kr. Nandi (Prop. Usha Construction)

Section 271B

…This principle is embodied in the well known dictum – “vigilantibus, non dormientibus, jura subvenient”. Considering the facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules as was considered in the case of CIT vs Multiplan India Pvt. Ltd. 38 ITD 320 (Del) and the judgment of the Hon’ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Halkar vs C.W.T. reported in 223 ITR 480, we treat this appeal as unadmitted and dismiss the same for non-prosecution. 4. In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 7th February, 2019. (A. T. V…

Shri Sandeep Chona, New Delhi vs. ITO, New Delhi

In the result, the appeal filed by the assessee is dismissed in limine for want of prosecution

ITA 1266/DEL/2016[2006-07]Status: DisposedITAT Delhi05 Feb 2019AY 2006-07

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2006-07 Sandeep Chona, Vs. Ito, 9/54, Basement Vikram Vihar, Ward-33(4), Lajpat Nagar Iv, New Delhi. New Delhi. Pan: Aevpc3102N (Appellant) (Respondent) Assessee By : None Revenue By : Shri Surender Pal, Sr. Dr Date Of Hearing : 05.02.2019 Date Of Pronouncement : 05.02.2019 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 29Th October, 2015 Of The Cit(A)-17, New Delhi, Relating To Assessment Year 2006-07. 2. Despite Service Of Notice, None Appeared On Behalf Of The Assessee. No Petition Seeking Adjournment Of The Case Was Filed. This Type Of Conduct On The Part Of The Assessee Shows That He Is Not Interested In Prosecuting The Appeal Field By Him. Therefore, Following The Decisions Mentioned Below, The Appeal Filed By The Assessee Is Dismissed For Want Of Prosecution:- 1. Cit Vs. B.N. Bhattachargee & Anr., 118 Itr 461. 2. Estate Of Late Tukojirao Holkar Vs. Cwt, 223 Itr 480 (M.P.). 3. Commissioner Of Income-Tax Vs. Multiplan India (P.) Ltd, 38 Itd 320 (Del.).

For Appellant: NoneFor Respondent: Shri Surender Pal, Sr. DR

…ioned below, the appeal filed by the assessee is dismissed for want of prosecution:- 1. CIT vs. B.N. Bhattachargee & Anr., 118 ITR 461. 2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.). 3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd, 38 ITD 320 (Del.). 3. However, if the assessee, through proper application, explains the reasons for such non-appearance, the Tribunal may, at its discretion, recall this order. 4. In the result, the appeal filed by the assessee is dismissed in limine for want of prosecution. The decision was pronounced in the open court at the time of hearing itself i.e.,…

M/S Gold Enterprises, Bangalore vs. Asst.C.I.T., Bangalore

ITA 1094/BANG/2016[2011-12]Status: DisposedITAT Bangalore04 Feb 2019AY 2011-12

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadalem/S. Gold Enterprise, No.79/1, 1St Floor, 2Nd Cross, Lavelle Road, Bengaluru-560 001. … Appellant Pan:Aagfg9497B Vs. Assistant Commissioner Of Income-Tax, Circle 6(1), Bengaluru. … Respondent Appellant By : None. Respondent By : Shri Vikas Suryavamshi, Acit(Dr) Date Of Hearing: 04/02/2019 Date Of Pronouncement: 04/02/2019 O R D E R Per Pavan Kumar Gadale, Jm : The Assessee Has Filed This Appeal Against The Order Of The Cit(A)-I, Bengaluru, Dated 29/02/2016 For The Assessment Year 2011-12. 02. At The Time Of Hearing, None Appeared On Behalf Of The Assessee Nor An Adjournment Application Has Been Filed. On Perusal Of Records, It Was Found That The Notice Of Hearing Sent By Registered Letter, Fixing The Case For Hearing On 04/02/2019 Was Returned By The Postal Authorities With The Remarks ‘Door Locked’. Vakalathnama Has Been Filed On Record & On Earlier Page 2 Of 2 Occasions Also, Learned Ar For Assessee Sought Adjournments. Therefore, We Are Of The Opinion That The Assessee Is Not Interested In Prosecuting The Appeal & Accordingly Dismiss The Appeal For Non-Prosecution, Following The Decision Of The Delhi Bench Of The Itat In Cit V. Multiplan India P.Ltd., (1991) 38 Itd 320 & Of The Decision Of The Hon’Ble Madhya Pradesh High Court In The Case Of Estate Of Late Tukoji Rao Holkar V. Cwt (1997) 223 Itr 480, For Non-Prosecution.

For Appellant: NoneFor Respondent: Shri Vikas Suryavamshi, ACIT(DR)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, BENGALURU BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER and SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M/s. Gold Enterprise, No.79/1, 1st Floor, 2nd Cross, Lavelle Road, Bengaluru-560 001. … Appellant PAN:AAGFG9497B Vs. Assistant Commissioner of Income-tax, Circle 6(1), Bengaluru. … Respondent Appellant by : None. Respondent by : Shri Vikas Suryavamshi, ACIT(DR) Date of hearing: 04/02/2019 Date of pronouncement: 04/02/2019 O R D E R Per PAVAN KUMAR GADALE, JM : The assessee has filed this appeal against the order of the CIT(A)-I, Bengaluru, dated 29/02/2016 for the…

Shri Bhupinderjit Singh Sawhney, New Delhi vs. ITO, New Delhi

In the result, the appeal filed by the assessee is dismissed in limine for want of prosecution

ITA 3573/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Jan 2019AY 2010-11

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2010-11 Bhupinderjit Singh Sawhney, Vs. Ito, C/O Prem Amar & Company, Cas, Ward-26(2), 69, Dda Flats, Jwala Heri, New Delhi. Paschim Vihar, New Delhi. Pan: Aaxps2112A (Appellant) (Respondent) Assessee By : None Revenue By : Smt. Rinku Singh, Sr. Dr Date Of Hearing : 31.01.2019 Date Of Pronouncement : 31.01.2019 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 20Th March, 2015 Of The Cit(A)-15, New Delhi, Relating To Assessment Year 2010-11. 2. This Appeal Was Being Fixed For Hearing On A Number Of Times & Was Last Fixed On 31St October, 2018. Since None Appeared On Behalf Of The Assessee On That Date, Therefore, Notice Was Issued Fixing The Date Of Hearing For Today I.E., On 31.01.2019. However, None Appeared On Behalf Of The Assessee When The Name Of The Assessee Was Called. This Type Of Conduct On The Part Of The Assessee Shows That He Is Not Interested In Prosecuting The Appeal Field By Him. Therefore, Following The Decisions Mentioned Below, The Appeal Filed By The Assessee Is Dismissed For Want Of Prosecution:- 1. Cit Vs. B.N. Bhattachargee & Anr., 118 Itr 461. 2. Estate Of Late Tukojirao Holkar Vs. Cwt, 223 Itr 480 (M.P.). 3. Commissioner Of Income-Tax Vs. Multiplan India (P.) Ltd, 38 Itd 320 (Del.).

For Appellant: NoneFor Respondent: Smt. Rinku Singh, Sr. DR

…ioned below, the appeal filed by the assessee is dismissed for want of prosecution:- 1. CIT vs. B.N. Bhattachargee & Anr., 118 ITR 461. 2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.). 3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd, 38 ITD 320 (Del.). 3. However, if the assessee, through proper application, explains the reasons for such non-appearance, the Tribunal may, at its discretion, recall this order. 4. In the result, the appeal filed by the assessee is dismissed in limine for want of prosecution. The decision was pronounced in the open court at the time of hearing itself i.e.,…

Hari Krishna Pampatti, Karimnagar vs. Income Tax Officer, Ward-3(4), Karimnagar

In the result, the appeal of the assessee is dismissed

ITA 1139/HYD/2018[2014-15]Status: DisposedITAT Hyderabad30 Jan 2019AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahmanshri Hari Krishna Pampatti Vs Income Tax Officer Karimnagar Ward 3(4) Pan:Abtpp3961H Karimnagar (Appellant) (Respondent) For Assessee : N O N E For Revenue : Shri A.C. Rout, Dr Date Of Hearing: 11.01.2019 Date Of Pronouncement: 30.01.2019 O R D E R Per Smt. P. Madhavi Devi, J.M. This Is Assessee’S Appeal For The A.Y 2014-15 Against The Order Of The Cit (A)-2, Hyderabad, Dated 16.02.2018. 2. We Notice That This Appeal Is Coming Up For Hearing Since 16.11.2018 & When The Appeal Came Up For Hearing On 11.01.2019 Also, We Notice That None Appeared For The Assessee Inspite Of Issuance Of The Notice For Hearing. Therefore, It Is Presumed That The Assessee Is Not Interested To Proceed With The Appeal.

For Appellant: N o n eFor Respondent: Shri A.C. Rout, DR

…for non- prosecution as held by Hon’ble High court of Mumbai in the case of M/s Chemipol Vs. Union of India in Excise appeal No. 62 of 2009. Therefore, respectfully following the above decision and also of the Tribunal in the case of Multiplan (India) Ltd., (38 ITD 320) and Madhya Pradesh High Court in Late Tukojirao Holkar (223 ITR 480), we dismiss the appeal of the assessee for want of prosecution. 4. In the result, the appeal of the assessee is dismissed. Order pronounced in the Open Court on 30th January, 2019. (S.Rifaur Rahman) Judicial Member Hyderabad, dated 30th January, 2019. Vinodan/sps Copy to: 1 Sh…