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 367,181 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.

Smt. Sangeeta Goyal, New Delhi vs. ITO, New Delhi

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

ITA 3842/DEL/2013[2006-07]Status: DisposedITAT Delhi21 Sept 2016AY 2006-07

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 Ms. Sangeeta Goyal, M-90, Vs. Income Tax Officer, Ward- Greater Kailash-Ii, New 23(2), New Delhi Delhi Pan : Adppg7309A (Appellant) (Respondent) Appellant By None Respondent By Sh. N.K. Bansal, Sr. Dr Date Of Hearing 20.09.2016 Date Of Pronouncement 21.09.2016 Order Per O.P. Kant, A.M.: The Present Appeal, By The Assessee, Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals)- Xxiii, New Delhi, Dated 21.03.2013 For Assessment Year 2006- 07. 2. This Is The Recalled Matter Which Was Dismissed Vide Order Of Itat Dated 19.12.2013 For Want Of Prosecution As Non- Appeared On Behalf Of The Assessee Despite Issuance Of Notice Regarding Next Date Of Hearing. The Matter Was Recalled Vide Order Of Itat Dated 05.01.2015 Passed In M.A. No. 140/Del/2014. Thereafter, On 22.12.2015, When The Case

…n that assessee is not interested in pursuing the 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. 3. 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 pap…