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 367,518 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. Potential Tie-Up Pvt. Ltd., Kolkata vs. ITO, Ward - 5(2), Kolkata

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

ITA 2070/KOL/2017[2012-13]Status: DisposedITAT Kolkata05 Oct 2018AY 2012-13

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am M/S. Potential Tie-Up Pvt. Ltd. Vs. Ito, Ward-5(2), Kolkata 20, N.S. Road, 1St Floor, Left Block, Kolkata – 700 001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcp 0265 K (अपीलाथ" /Appellant) (""यथ" / Respondent) .. Appellant By : None Revenue By : Shri G. Hangshing, Cit(Dr) सुनवाई क" तार"ख / Date Of Hearing : 24/09/2018 घोषणा क" तार"ख/Date Of Pronouncement: 05/10/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2012-2013, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-2, Kolkata Dated 19.07.2017. 2. Notice Of Hearing Of This Appeal Was Sent To The Assessee At The Address Given By The Assessee In Form No.36. The Said Notice Has Not Been Returned Unserved. This Appeal Was Listed For Hearing Before The Tribunal On 24.09.2018. Today I.E. On 24.09.2018 When The Case Was Called For Hearing, None Appeared On Behalf Of The Assessee Nor Any Request For Adjournment Was Made. It Means That Assessee Is Not Interested In Prosecuting This Appeal. Hence The Appeal Filed By The Assessee Is Liable To Be Dismissed For Non Prosecution. For This View We Find Support From The Following Decisions :- (1). In The Case Of Cit Vs B.N.Bhattachrgee & Another, Reported In 118 Itr 461 [Relevant Pages 477 & 478] Wherein Their Lordships Have Held That : “The Appeal Does Not Mean Merely Filing Of The Appeal But Effectively Pursuing It.” (2). In The Case Of Estate Of Late Tukojirao Holkar Vs Cwt; 223 Itr 480 (Mp) While Dismissing The Reference Made At The Instance Of The Assessee In Default Made Following Observation In Their Order : “If The Party, At Whose Instance The Reference Is Made, Fails To Appear At The Hearing, Or Fails In Taking Steps For Preparation Of The Paper Books So As To Enable Hearing Of The Reference, The Court Is Not Bound To Answer The Reference.”

For Appellant: NoneFor Respondent: Shri G. Hangshing, CIT(DR)

…IN THE INCOME TAX APPELLATE TRIBUNAL “D”, BENCH KOLKATA BEFORE SHRI S. S. GODARA, JM & DR. A.L.SAINI, AM M/s. Potential Tie-up Pvt. Ltd. Vs. ITO, Ward-5(2), Kolkata 20, N.S. Road, 1st Floor, Left Block, Kolkata – 700 001. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAGCP 0265 K (अपीलाथ" /Appellant) (""यथ" / Respondent) .. Appellant by : None Revenue by : Shri G. Hangshing, CIT(DR) सुनवाई क" तार"ख / Date of Hearing : 24/09/2018 घोषणा क" तार"ख/Date of Pronouncement: 05/10/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, AM: The captioned appeal filed by the assessee, pertaining to assessment year 2012-2013, is directed a…

Hannan Ali Ostagar, Kolkata vs. ITO, Ward-49(2), Kolkata

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

ITA 2083/KOL/2016[2012-13]Status: DisposedITAT Kolkata05 Oct 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Hannan Ali Ostagar V/S. Income Tax Officer, Modnal Ganthi Kaikhali, Ward-49(2), Kolkata Baguihati, Kolkata-700 052 [Pan No.Aafpo 0463 L] .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Saurabh Kumar, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 12-07-2018 सुनवाई क" तार"ख/Date Of Hearing 05-10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Challenges Correctness Of Commissioner Of Income Tax (Appeals)-15Kolkata’S Order Dated 23.08.2016, Passed In Case No.08/Cit(A)-15/15-16/Wd-49(2)/Kol, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961. 2. Today When The Case Was Called For Hearing None Appeared On Behalf Of The Assessee Nor Was Any Application For An Adjournment Filed By The Assessee In Spite Of Issue Of Notice By Rpad. It Appears That The Assessee Is Not Serious In Prosecuting This Appeal. Hence The Appeal Filed By The Assessee Is Liable To Be Dismissed For Non-Prosecution. For This View, We Find Support From The Following Decisions:- "1. In The Case Of Cit Vs B.N.Bhattacharjee & Another, Reported In 118 Itr 461 [Relevant Pages 477 & 478] Wherein Their Lordships Have Held That: "The Appeal Does Not Mean Merely Filing Of The Appeal But Effectively Pursuing It."

Section 143(3)

…आयकर अपील"य अधीकरण, "यायपीठ – “C” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “C” KOLKATA Before Shri S.S.Godara, Judicial Member and Dr. A.L. Saini, Accountant Member Assessment Year :2012-13 Hannan Ali Ostagar V/s. Income Tax Officer, Modnal Ganthi Kaikhali, Ward-49(2), Kolkata Baguihati, Kolkata-700 052 [PAN No.AAFPO 0463 L] .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Saurabh Kumar, Addl. CIT-SR-DR ""यथ" क" ओर से/By Respondent 12-07-2018 सुनवाई क" तार"ख/Date of Hearing 05-10-2018 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Me…

M/S Himachal Gramin Bank, Mandi vs. Jcti, Range, Mandi

In the result, appeals of the assessee is dismissed in limine

ITA 1574/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh04 Oct 2018AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarआयकर अपील सं./ Ita No. 1574/Chd/2017 "नधा"रण वष" / Assessment Year : 2011-12 M/S Himachal Gramin Bank, The Jcit, Mandi Range, बनाम Jawahar Nagar, Mandi (H.P). Mandi, H.P. "थायी लेखा सं./Pan No: Aaath3599R अपीलाथ"/Appellant ""यथ"/Respondent

For Appellant: NoneFor Respondent: Smt. Chanderkanta, Sr.DR

…आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ -“ए”, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘A’, CHANDIGARH "ी संजय गग", "या"यक सद"य एवं डा. बी.आर.आर, कुमार, लेखा सद"य BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 1574/CHD/2017 "नधा"रण वष" / Assessment Year : 2011-12 M/s Himachal Gramin Bank, The JCIT, Mandi Range, बनाम Jawahar Nagar, Mandi (H.P). Mandi, H.P. "थायी लेखा सं./PAN NO: AAATH3599R अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee by : None राज"व क" ओर से/ Revenue by : Smt. Chanderkanta, Sr.DR सुनवाई क" तार"ख/Date of Hear…

N.N. Intratrade Services Pvt. Ltd., Delhi vs. ITO, Ward- 17(3), New Delhi

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

ITA 3052/DEL/2018[2014-15]Status: DisposedITAT Delhi03 Oct 2018AY 2014-15

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2010-11 M/S Blue Precision Ltd., Vs Acit, Circle-1, 1A/257, Neelam Bata Road, New Delhi. Faridabad. Pan: Aabcb4579R Assessee By None Revenue By Sh. B.S. Anant, Sr. Dr Date Of Hearing 3.10.2018 Date Of Pronouncement 3.10.2018 Order Per K. Narasimha Chary, J.M. This Is An Appeal By The Assessee Against The Orders Dated 23.02.2015 In Appeal No.68/13-14 Passed By The Ld. Commissioner Of Income- Tax (Appeals),Faridabad (For Short Hereinafter Called “Ld. Cita”). 2. When The Matter Is Called Today, There Is No Representation For The Assessee. On An Earlier Occasion, I.E. On 25.06.2018, None Appeared On Behalf Of The Assessee. Notice Is Issued In This Matter To The Assessee To The Address

…t the assessee lost interest in this matter, and we are left with no option but to hold that the appeal of the assessee is liable to be dismissed for non prosecution. We find support from the decision in Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del) wherein there was no representation for the appellant in the appeal filed before the Tribunal on the date of hearing, nor any communication for adjournment was received as to why the appellant had chosen to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the assessee as unadmitted in view…

Sh. Deepak Jain, New Delhi vs. ACIT, New Delhi

In the result, appeal filed by assessee stands dismissed

ITA 5663/DEL/2015[2009-10]Status: DisposedITAT Delhi01 Oct 2018AY 2009-10

Bench: Sri R.S.Syal & Smt. Beena A Pillaia.Y. 2009-10 Sh. Deepak Jain Vs. Acit, Central Circle 06 624, Modern Apartment New Delhi Sector 15, Rohini New Delhi 110 085 Pan: Afdpj7401E (Appellant) (Respondent) Appellant By: None Respondent By: Sh. S.R.Senapati, Sr. D.R. Date Of Hearing: 01.10.2018 Date Of Pronouncement: 01St October, 2018 Order Per Beena A Pillaithe Present Appeal Has Been Filed By The Assessee Against The Order Dated 14.08.2013 Passed By Ld.Cit(A)-Xxxi, Delhi For Assessment Year 2009-10. 2. During The Course Of Hearing Today I.E. On 01 St October, 2018, Inspite Of Service Of Notice, Nobody Was Present On Behalf Of The Assessee Nor Any Adjournment Request Received. It Therefore, Appears That The Assessee Is Not Interested To Prosecute The Matter. 3. The Law Aids Those Who Are Vigilant, Not Those Who Sleep Upon Their Rights. This Principle Is Embodied In Well Known Dictum, “Vigilantibus Et Non Dormientibus Jura Sub Veniunt’. Considering The Facts & 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), We Treat This Appeal As Unadmitted.

For Appellant: NoneFor Respondent: Sh. S.R.Senapati, Sr. D.R

…odied in well known dictum, “VIGILANTIBUS ET NON DORMIENTIBUS JURA SUB VENIUNT’. Considering the facts 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), we treat this appeal as unadmitted. ITA 5663/Del/2015 A.Y.:2009-10 Sh. Deepak Jain vs. ACIT, Central Circle 6,N.Del. 4. Similar view has been taken by the Hon’ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) wherein it has been held as under: “if the party, at whose instance the reference…