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.

Debabrata Patnaik, Bhubaneswar vs. ITO, Ward-2(1), Bhubaneswar

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 440/CTK/2017[2013-14]Status: DisposedITAT Cuttack28 Dec 2017AY 2013-14

Bench: Shri N.S.Sainiआयकर अपीऱ सं./Ita No.440/Ctk/2017 (नििाारण वषा / Assessment Year :2013-2014) Debabrata Patnaik, Vs. Ito, Ward-2(1), Plot No.3660/4088, Bhubaneswar Lewis Road, Bhubaneswar Odisha-751002 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aflpp 4434 P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ााररती की ओर से /Assessee By : Shri Bhagaban Panda, Ar राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तारीख / Date Of Hearing : 28/12/2017 घोषणा की तारीख/Date Of Pronouncement 28/12/2017 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Bhubaneswar, Dated 31.8.2017. 2. In Ground No.4 Of The Appeal, The Grievance Of The Assessee Is That The Cit(A) Has Dismissed The Appeal Ex-Parte For Non-Prosecution. 3. At The Outset, Ld A.R. Of The Assessee Submitted That Cit(A) Dismissed The Assessee'S Appeal Ex Parte, For Non-Prosecution Qua The Assessee, Without Assigning Any Reason. According To Him, The Order Passed By The Cit(A) Being A Non-Speaking Order, Cannot Stand In The Eye Of Law. He Prayed That The Order Of Cit(A) May Be Set Aside With A Direction To Him To Decide The Grounds Of Appeal Taken Before Him, On Merit By Passing A Reasoned Order, After Hearing The Assessee. 4. Ld D.R. Supported The Order Of The Cit(A). 5. After Considering The Rival Submissions & Perusing The Order Of The Cit(A), We Find That The Cit(A) In His Order Has Observed That There

For Appellant: Shri Bhagaban Panda, ARFor Respondent: Shri D.K.Pradhan, DR

…sessee although various opportunities were given to the assessee to appear before him on 27.4.2017, 7.8.2017 & 23.8.2017 and hence, he has dismissed the appeal of the assessee following the decision of the Delhi in the case of CIT vs. Multiplan India (P)Ltd., 38 ITD 320 and other judicial pronouncements. We find force in the contention of the learned counsel for the assessee that the CIT(A) has simply dismissed the appeal for non-prosecution qua the assessee, without assigning any reason. The order of the learned CIT(A) being a non-speaking order, the same is set aside and the matter is restored back to his file…

3M Electro and Communication India Private Limited, Bengaluru vs. JCIT Puducherry Range, Puducherry

In the result, the appeal filed by the assessee is dismissed

ITA 2286/CHNY/2017[2009-10]Status: DisposedITAT Chennai27 Dec 2017AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.2286/Mds/2017 "नधा"रण वष"/Assessment Year:2009-10 3M Electro & Communication The Joint Commissioner Of India Pvt. Ltd., Concorde Block, Vs. Income Tax, Ub City 24, Vittal Mallya Road, Puducherry Range, Puducherry. Bengaluru 560 001. [Pan: Aaacp1896N] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Mrs. S. Vijayaprabha, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 05.12.2017 घोषणा क" तार"ख /Date Of Pronouncement : 27.12.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Emanates From The Order Of The Ld. Commissioner Of Income Tax (Appeals) - Puducherry, Puducherry, Dated 19.06.2017 Relevant To The Assessment Year 2009-10. 2. The Appeal Of The Assessee Was Posted For Hearing On 05.12.2017 By Service Of Notice [Rpad On Record]. None Appeared On Behalf Of The Assessee Nor Any Adjournment Petition Has Been Filed. Further, The Assessee

For Appellant: NoneFor Respondent: Mrs. S. Vijayaprabha, JCIT

…b-head “Others”. Hence, it is inferred that the assessee is not interested in prosecuting the appeal. 3. Therefore, having regard to Rule 19(2) of ITAT Rules and following the decision of the Delhi Bench of the Tribunal in the case of Multiplan (India) Ltd. (38 ITD 320) and the judgment of the Hon’ble Madhya Pradesh High Court in the case of late Tukojirao Holkar (223 ITR 480), the appeal of the assessee is dismissed for want of prosecution. In the result, the appeal filed by the assessee is dismissed. 4. Order pronounced on the 27th December, 2017 at Chennai. (A. MOHAN ALANKAMONY) JUDICIAL MEMBER Chennai, Date…