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 367,514 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.

M/S. Ranbhumi Tie Up Pvt. Ltd., Kolkata vs. ITO, Ward - 13(3), Kolkata

In the result, the appeal of the assessee is dismissed for non- prosecution

ITA 1476/KOL/2018[2012-13]Status: DisposedITAT Kolkata19 Dec 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 1476/Kol/2018 Assessment Year: 2012-13 M/S. Ranbhumi Tie Up Pvt. Ltd.………………………………………….…….……...Appellant [Pan :Aaecr 2334 M] Ito, Ward-13(3), Kolkata………...……………………………….……………..…. Respondent Appearances By: None, Appeared On Behalf Of The Assessee. Shri Piyush Mukherjee, Jcit, Dr Appearing On Behalf Of The Respondent. Date Of Concluding The Hearing : November 29Th , 2018 Date Of Pronouncing The Order : December 19Th , 2018 O R D E R Per J. Sudhakar Reddy :-

Section 144

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA [Before Sri J. Sudhakar Reddy, Accountant Member] I.T.A. No. 1476/Kol/2018 Assessment Year: 2012-13 M/s. Ranbhumi Tie Up Pvt. Ltd.………………………………………….…….……...Appellant [PAN :AAECR 2334 M] ITO, Ward-13(3), Kolkata………...……………………………….……………..…. Respondent Appearances by: None, appeared on behalf of the assessee. Shri Piyush Mukherjee, JCIT, DR appearing on behalf of the Respondent. Date of concluding the hearing : November 29th , 2018 Date of pronouncing the order : December 19th , 2018 O R D E R Per J. Sudhakar Reddy :- This appeal filed by the ass…

Jitendra Nath Bag, Paschim Medinupur vs. ITO, Ward - 1(1), Midnapore, Paschim Medinipur

In the result, the appeal of the assessee is dismissed for non prosecution

ITA 2265/KOL/2017[2007-08]Status: DisposedITAT Kolkata19 Dec 2018AY 2007-08

Bench: Sh. S.S.Viswanethra Ravi & Sh. A.L.Sainijitendra Nath Bag, Vs Ito, Ratan Kumar Guha, Ward-1(1), Midnapore, Advocate, At.-Kshudiram Keranitola, Paschim Nagar, Midnapore, Dist.- Midnapore, Pin-721101. Paschim Medinipur, Pin-721101. Pan-Ahcpb0582H (Appellant) (Respondent) Appellant By None Respondent By Sh.S. Halder, Sr. Dr Date Of Hearing 05.12.2018 Date Of Pronouncement 19.12.2018 Order Per S.S. Viswanethra Ravithis Appeal Filed By The Assessee Against The Order Dated 30.10.2013 Passed By Cit(A)-Xxxvi, Kolkata For Ay 2007-08. 2. At The Time Of Hearing, We Find No Representation On Behalf Of The Assessee Nor Any Application Filed Seeking Adjournment. It Is Noted That The Assessee Filed The Appeal Before Cit(A), Challenging The Action Of The Ao Imposing Penalty U/S 271(1)(C) Of The Income Tax Act, 1961 (In Short “Act”). Before Cit(A), There Was No Representation On Behalf Of The Assessee & The Cit(A) Decided The Issue Against The Assessee By Confirming The Penalty Imposed By The Ao. Before Us, It Is Noted That The Registry, Itat, Kolkata Issued Notice Dated 01.102.018 Intimating The Fixation Of Date Of Hearing On 24.10.2018 By Rpad. However, No One Representing The Assessee Appeared On 24.10.2018 & This Tribunal For Non-Appearance Of The Assessee, Adjourned The Appeal To 05.12.2018 I.E. Today. Accordingly, Registry, Itat Again Issued A Notice Dated

Section 271(1)(c)

…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 for non prosecution. Order pronounced in the open court on 19.12.20…