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 367,714 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.

Md Synergy India Pvt. Ltd., New Delhi vs. ITO, New Delhi

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

ITA 4878/DEL/2015[2010-11]Status: DisposedITAT Delhi21 Jun 2018AY 2010-11

Bench: Sh. Bhavnesh Saini & Sh. O.P. Kantassessment Year: 2010-11 Md Synergy India Pvt. Ltd., Vs. Income Tax Officer, 138, Deshbandhu Apartments, Ward-16(1), Room No.312, C.R. Kalkaji, New Delhi Building, New Delhi Pan :Aaecm8918N (Appellant) (Respondent) Appellant By None Respondent By Sh. Sanjay Kumar Yadav, Sr.Dr Date Of Hearing 21.06.2018 Date Of Pronouncement 21.06.2018 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-Iii, New Delhi, Dated 31.03.2010 Pertaining To Assessment Year 2010-11. 2. None Put In Appearance On Behalf Of The Assessee At The Hearing Despite Issue Of Notice For Hearing, Through Rpad At The Address Furnished By The Assessee In Column 7 Of The Memo Of Appeal In Form No. 36. The Envelope, Containing The Notice Of Hearing Has Returned Unserved With The Remark “Left”. No Application For Adjournment Of Hearing Has Been Received On Behalf Of The Assessee. It Gives An Impression That Assessee Is Not Interested In Pursuing Its Appeal. 3. Considering The Facts Of The Case & Keeping In View The Provisions Of Rule 19(2) Of The Income-Tax (Appellate Tribunal) Rules, 1963 As Were Considered In The Case Of Cit Vs. Multiplan India Ltd., (38 Itd 320)(Del), The Assessee’S Appeal Is Liable To Be Dismissed For Want Of Prosecution. 4. The Hon'Ble Madhya Pradesh High Court In The Case Of Estate Of Late Tukojirao Holkar Vs. Cwt (223 Itr 480) Has Held As Under:

…n that assessee is not interested in pursuing its appeal. 3. Considering the facts of the case and keeping in view the provisions of Rule 19(2) of the Income-tax (Appellate Tribunal) Rules, 1963 as were considered in the case of CIT vs. Multiplan India Ltd., (38 ITD 320)(Del), the assessee’s appeal is liable to be dismissed for want of prosecution. 4. The Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) has held as under: 2 "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…

Swiber Offshore Marine Pte Ltd., Mumbai vs. DCIT, Dehradun

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

ITA 1519/DEL/2015[2010-11]Status: DisposedITAT Delhi21 Jun 2018AY 2010-11

Bench: Sh. Bhavnesh Saini & Sh. O.P. Kantassessment Year: 2010-11 Swiber Offshore Marine Pte. Ltd., Vs. Dcit, C/O- Srbc & Associates Llp, 14Th International Taxation, Circle -2, Floor, The Ruby, 29, Senapati Dehradun Bapat Marg, Dadar (W), Mumbai Pan :Aajcs6025K (Appellant) (Respondent) Appellant By None Respondent By Sh. Sanjay Kumar Yadav, Sr.Dr Date Of Hearing 21.06.2018 Date Of Pronouncement 21.06.2018 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-Ii, New Delhi, Dated 10.12.2014, Pertaining To The Assessment Year 2010-11. 2. On The Last Date Of Hearing, I.E., 24.05.2018, When The Case Was Called Upon, None Appeared On Behalf Of The Assessee & The Case Was Adjourned To 21.06.2018 With The Direction To Issue Fresh Notice, Which Has Not Returned Unserved. Today, I.E., 21.06.2018, Again None Turned Up On Behalf Of The Assessee & Even No Application For Adjournment Of Hearing Has Been Filed On Behalf Of The Assessee. It Gives An Impression That Assessee Is Not Interested In Pursuing Its Appeal. 3. Considering The Facts Of The Case & Keeping In View The Provisions Of Rule 19(2) Of The Income-Tax (Appellate Tribunal) Rules, 1963 As Were Considered In The Case Of Cit Vs. Multiplan India Ltd., (38 Itd 320)(Del), The Assessee’S Appeal Is Liable To Be Dismissed For Want Of Prosecution. 4. The Hon'Ble Madhya Pradesh High Court In The Case Of Estate Of Late Tukojirao Holkar Vs. Cwt (223 Itr 480) Has Held As Under:

…n that assessee is not interested in pursuing its appeal. 3. Considering the facts of the case and keeping in view the provisions of Rule 19(2) of the Income-tax (Appellate Tribunal) Rules, 1963 as were considered in the case of CIT vs. Multiplan India Ltd., (38 ITD 320)(Del), the assessee’s appeal is liable to be dismissed for want of prosecution. 4. The Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) has held as under: 2 "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…