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 367,368 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.

Anmol Textiles, Kolkata vs. DCIT, Cir-41, Kolkata

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

ITA 425/KOL/2014[2099-2010]Status: DisposedITAT Kolkata22 Mar 2017AY 2099-2010

Bench: Shri A.T.Varkey, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.425/Kol/2014 ("नधा"रण वष" / Assessment Year :2009-2010) Anmol Textiles, Vs. Dcit, Circle-41, Kolkata 2, Dilarjung Road, Cossipore, Kolkata-700002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadfn 4059 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : None राज"व क" ओर से /Revenue By : Md. Ghyas Uddin,Jcit,Dr सुनवाई क" तार"ख / Date Of Hearing : 22/03/2017 घोषणा क" तार"ख/Date Of Pronouncement 22/03/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2009-10, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-Xix, Kolkata, In Appeal No.376/Cit(A)-Xix/Circle-4-41/Kol/12-13, Dated 19.12.2013, Which In Turn Arises Out Of An Order Passed By The Ao U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 09.11.2011. 2. This Appeal Came For Hearing Today I.E. On 22.03.2017. The Notice In This Appeal Sent To The Assessee For Hearing By Registered Post With Ad 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. Neither An Adjournment Petition Was Filed In Respect Of The Above Assessee, It Means That Assessee Is Not Interested To Prosecute The Appeal. Hence, 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:

For Appellant: NoneFor Respondent: Md. Ghyas Uddin,JCIT,DR
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…