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 367,514 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.

Bikash Infra and Marketing Pvt. Ltd., Bhubaneswar vs. JCIT, Range-2, Bhubaneswar

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

ITA 182/CTK/2016[2011-12]Status: DisposedITAT Cuttack24 Aug 2017AY 2011-12

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.182/Ctk/2016 (धनधाारण वषा / Assessment Year :2011-2012) Bikash Infra & Marketing (P) Vs. Jcit Range-2, Ltd., N-3-256, Irc Village, Bhubaneswar Nayapalli, Bhubaneswar-751015 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aadcb 8224 H (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr सुनवाई की तारीख / Date Of Hearing : 24/08/2017 घोषणा की तारीख/Date Of Pronouncement 28/08/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A)-1, Bhubaneswar, Passed In Itappeal No.0394/2015-16, Dated 18.2.2016, U/S.143(3) Of The Income Tax Act. 2. This Appeal Came For Hearing Today I.E. On 24.08.2017. The Notice Was Sent To The Assessee For Hearing By Registered Post With Ad On 21.07.2017 To The Address Given By The Assessee In Column No.10 Of Form No.36. However No One Was Present On Behalf Of The Assessee On The Date Of Hearing. It Means That Assessee Is Not Interested To Prosecute The 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.”

For Appellant: NoneFor Respondent: Shri Kunal Singh, CITDR
Section 143(3)

…e, 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.” 3. In the case of Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date. The Tribunal on the basis of inherent po…

Sivasundara Nadar Sivaperumal, Chennai vs. DCIT, Chennai

In the result, the appeals of the assessee are dismissed

ITA 1334/CHNY/2017[2012-2013]Status: DisposedITAT Chennai01 Aug 2017AY 2012-2013

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकरअपीलसं./I.T.A.Nos.1330, 1331, 1332, 1333 & 1334/Mds/2017 ("नधा"रणवष" / Assessment Years: 2007-08, 2008-09, 2009-10, 2010-11 & 2012-13) Vs The Dcit, Shri Sivasundara Nadar Sivaperumal, Non Corporate Circle 2, No.43, Pondy Bazaar, T.Nagar, Chennai. Chennai – 600 017. Pan: Aasps4748M (अपीलाथ"/Appellant) (""यथ"/Respondent) : None अपीलाथ"क"ओरसे/ Appellant By : Shri Ar.V. Sreenivasan, Jcit ""यथ"क"ओरसे/Respondent By : 01.08.2017 सुनवाईक"तार"ख/Date Of Hearing : 01.08.2017 घोषणाक"तार"ख /Date Of Pronouncement आदेश / O R D E R Per A. Mohan Alankamony, Am: These Appeals By The Assessee Are Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-2, Chennai Dated 24.03.2017 In Ita Nos.180,179,178,177 & 174/Cit(A)-2/2015- 16 For The Assessment Years 2007-08 To 2010-11 & 2012-13 Passed U/S.250(6) R.W.S. 271B Of The Act.

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: 01.08.2017
Section 250(6)

…ived. 3. In view of the above, we are of the considered opinion that the assessee is not interested in pursuing the appeal filed before this Tribunal. Hence, following the decision of the Delhi Bench in the case of CIT v. Multiplan India P. Ltd., reported in 38 ITD 320 and the judgment of the Hon'ble Madhya Pradesh High Court in the case of Late Tukojirao Holkar (223 ITR 480), we dismiss the appeal in limine. The Registry is hereby directed to dispatch this order to the assessee within a period of 7 days from this day. 4. In the result, the appeals of the assessee are dismissed. Order pronounced in the open co…

Sivasundara Nadar Sivaperumal, Chennai vs. DCIT, Chennai

In the result, the appeals of the assessee are dismissed

ITA 1333/CHNY/2017[2010-2011]Status: DisposedITAT Chennai01 Aug 2017AY 2010-2011

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकरअपीलसं./I.T.A.Nos.1330, 1331, 1332, 1333 & 1334/Mds/2017 ("नधा"रणवष" / Assessment Years: 2007-08, 2008-09, 2009-10, 2010-11 & 2012-13) Vs The Dcit, Shri Sivasundara Nadar Sivaperumal, Non Corporate Circle 2, No.43, Pondy Bazaar, T.Nagar, Chennai. Chennai – 600 017. Pan: Aasps4748M (अपीलाथ"/Appellant) (""यथ"/Respondent) : None अपीलाथ"क"ओरसे/ Appellant By : Shri Ar.V. Sreenivasan, Jcit ""यथ"क"ओरसे/Respondent By : 01.08.2017 सुनवाईक"तार"ख/Date Of Hearing : 01.08.2017 घोषणाक"तार"ख /Date Of Pronouncement आदेश / O R D E R Per A. Mohan Alankamony, Am: These Appeals By The Assessee Are Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-2, Chennai Dated 24.03.2017 In Ita Nos.180,179,178,177 & 174/Cit(A)-2/2015- 16 For The Assessment Years 2007-08 To 2010-11 & 2012-13 Passed U/S.250(6) R.W.S. 271B Of The Act.

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: 01.08.2017
Section 250(6)

…ived. 3. In view of the above, we are of the considered opinion that the assessee is not interested in pursuing the appeal filed before this Tribunal. Hence, following the decision of the Delhi Bench in the case of CIT v. Multiplan India P. Ltd., reported in 38 ITD 320 and the judgment of the Hon'ble Madhya Pradesh High Court in the case of Late Tukojirao Holkar (223 ITR 480), we dismiss the appeal in limine. The Registry is hereby directed to dispatch this order to the assessee within a period of 7 days from this day. 4. In the result, the appeals of the assessee are dismissed. Order pronounced in the open co…