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 367,636 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 Indra Commosales Private Limited, Kolkata vs. ITO, Ward 6(3), Kolkata

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

ITA 802/KOL/2017[2012-13]Status: DisposedITAT Kolkata02 Jul 2018AY 2012-13

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 802/Kol/2017 Assessment Year: 2012-13 Indra Commosales Pvt. Ltd................................………………………….....................Appellant 1, Crooked Lane, 2Nd Floor, R.No. 208, Kolkata – 700 069. [Pan: Aacci 2949 F] Ito, Ward 6(3), Kolkata...................…………………………………………………….Respondent Aayakar Bhawan, Kolkata – 700 069. Appearances By: None Appearing On Behalf Of The Assessee. Md. Usman, Cit (Dr) Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : July 2, 2018 Date Of Pronouncing The Order : July 2, 2018 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 2, Kolkata Dated 03.01.2017. 2. At The Time Of Hearing Fixed In This Case Today, None Has Appeared On Behalf Of The Assessee Nor Any Application Seeking Adjournment Has Been Filed. Even The Notice Of The Said Hearing Send To The Assessee At The Address Given In The Appeal Memo Has Come Back Undelivered From The Postal Authority With The Remark ‘Not Known’. The Assessee Thus Has Not Furnished Its Correct Address To Enable The Registry To Serve The Notice Of Hearing. It Is Also Noted That There Was A Similar Non-Compliance On The Part Of The Assessee Before The Ld. Cit(A) As A Result Of Which Its Appeal Was Dismissed By The Ld. Cit(A) Vide His Impugned Order Passed Ex-Parte. It Appears From This Non-Compliant & Non-Cooperative Attitude Of The Assessee Company

…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 2nd July…

M/S Global Capital Ltd., New Delhi vs. DCIT, New Delhi

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

ITA 4153/DEL/2015[2001-02]Status: DisposedITAT Delhi28 Jun 2018AY 2001-02

Bench: Shri R.S. Syal & Shri K.Narasimha Charyassessment Year: 2001-02 M/S Global Capital Ltd. Vs Dcit, Circle 12(1), 414/1, 4Th Floor, Dda Commercial New Delhi. Complex, Distt. Centre, Janakpuri, New Delhi. Pan: Aaacg3130E Assessee By None Revenue By Sh. Vijay Kumar Jiwani, Sr Dr Date Of Hearing 28.06.2018 Date Of Pronouncement 28.06.2018 Order Per K. Narasimha Chary, J.M. This Is An Appeal By The Assessee Against The Orders Dated 26.03.2012 In Appeal No. 162/2011-12 Passed By The Ld. Commissioner Of Income- Tax (Appeals)-Viii, New Delhi (For Short Hereinafter Called “Ld. Cita”). 2. When The Matter Is Called Today, There Is No Representation On Behalf Of The Assessee Either In Person Or Through His Ar. It Means That Assessee Is Not Interested In Prosecuting The Appeal. 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 Assesee As Unadmitted In View Of The Provisions Of Rule 19 Of The Appellate Tribunal Rules, 1963. Respectfully Following The Said Decision, The Appeal Filed By The Assessee Is Dismissed For Non- Prosecution.

…see is not interested in prosecuting the appeal. 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 assesee as unadmitted in view o…