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.

Sukhsagar Realbuild Advisory Pvt. Ltd., Kolkata vs. ITO, Ward 5(1), Kolkata

In the result, appeal of assessee stands dismissed in limine

ITA 486/KOL/2017[2012-13]Status: DisposedITAT Kolkata06 Apr 2018AY 2012-13

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2012-13 Sukhsagar Realbuild Income Tax Officer, बनाम Advisory Pvt. Ltd. Ward-5(1), P-7, / V/S. C/O Arun Jain & Chowringhee Square, Associates 2B, Grant Kolkata-69 Lane, 2Nd Floor, Room No.74, Kolkata-12 [Pan No.Aapcs 8279 R] .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri A Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 03-04-2018 सुनवाई क" तार"ख/Date Of Hearing 06-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee For The Assessment Year 2012-13 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Kolkata Dated 22.12.2016. 2. Today When The Matter Was Called On For Hearing, There Was No Response From The Side Of The Assessee Nor Any Adjournment Application Was Filed By The Assessee Though Notice Of Hearing Was Sent To Assessee Through Rpad. It Was Also Observed That Assessee Also Failed To Appear Before The Ld. Cit(A) Despite The Notices For Hearing Were Issued Upon The Assessee. Therefore The Ld. Cit(A) Passed The Ex-Parte Order. From The Above, It Is Inferred That The Assessee Is Not Interested In Pursuing Its Case. 3. Considering The Facts Of The Case & Keeping In View The Provisions Of Rule 19(2) Of The Income-Tax Appellate Tribunal Rules As Were Considered In The Case Of

…se and keeping in view the provisions of rule 19(2) of the Income-tax Appellate Tribunal Rules as were considered in the case of ITA No.486/Kol/2017 A.Y. 2012-13 Sukhsagar Realbuild Advisory Pvt. Ltd. Vs. ITO Wd-5(1) Kol. Page 2 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: "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 pape…