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.

Sh. Muddasir Nazar, New Delhi vs. ITO, New Delhi

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

ITA 3515/DEL/2014[2008-09]Status: DisposedITAT Delhi29 Aug 2016AY 2008-09

Bench: Sh. N. K. Sainiita No. 3515/Del/2014 : Asstt. Year : 2008-09 Sh. Muddasir Nazar, Vs Income Tax Officer, B-274, Kabutar Market, Welcome Ward-34(3), Colony, New Seelampur-Iv, New Delhi Delhi-110053 (Appellant) (Respondent) Pan No. Adypn0645H Assessee By : None Revenue By : Sh. S. K. Jain, Sr. Dr Date Of Hearing : 29.08.2016 Date Of Pronouncement : 29.08.2016 Order This Is An Appeal By The Assessee Against The Order Dated 09.12.2013 Of Ld. Cit(A)-Xxvii, New Delhi. 2. Earlier This Case Was Fixed For Hearing On 29.06.2016 & On The Request Of The Ld. Dr Hearing Was Adjourned For Today I.E. 29.08.2016, Both The Parties Noted The Date. However, At The Time Of Hearing Nobody Was Present On Behalf Of The Assessee Neither Any Adjournment Was Sought. It, Therefore, Appears That The Assessee Is Not Interested To Prosecute The Matter. 3. The Law Aids Those Who Are Vigilant, Not Those Who Sleep Upon Their Rights. This Principle Is Embodied In Well Known Dictum, 2 Muddasir Nazar “Vigilantibus Et Non Dormientibus Jura Sub Veniunt’. Considering The Facts & Keeping In View The Provisions Of Rule 19(2) Of The Income-Tax Appellate Tribunal Rules As Were Considered In The Case Of Cit Vs. Multiplan India Ltd., (38 Itd 320)(Del), We Treat This Appeal As Unadmitted.

For Appellant: NoneFor Respondent: Sh. S. K. Jain, Sr. DR

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC-2’, NEW DELHI Before Sh. N. K. Saini, Accountant Member ITA No. 3515/Del/2014 : Asstt. Year : 2008-09 Sh. Muddasir Nazar, Vs Income Tax Officer, B-274, Kabutar Market, Welcome Ward-34(3), Colony, New Seelampur-IV, New Delhi Delhi-110053 (APPELLANT) (RESPONDENT) PAN No. ADYPN0645H Assessee by : None Revenue by : Sh. S. K. Jain, Sr. DR Date of Hearing : 29.08.2016 Date of Pronouncement : 29.08.2016 ORDER This is an appeal by the assessee against the order dated 09.12.2013 of ld. CIT(A)-XXVII, New Delhi. 2. Earlier this case was fixed for hearing on 29.06.2016…

Mrs. Ramma Thakur, Delhi vs. ITO, New Delhi

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

ITA 813/DEL/2013[2003-04]Status: DisposedITAT Delhi22 Aug 2016AY 2003-04

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2003-04 Mrs. Ramma Thakur, D-761, Vs. Income Tax Officer, Ward- Saraswati Vihar, Delhi 25(1), New Delhi Pan : Admpt0093K (Appellant) (Respondent) Appellant By None Respondent By None Date Of Hearing 18.08.2016 Date Of Pronouncement 22.08.2016 Order Per O.P. Kant, A.M.: This Appeal, By The Assessee, Is Directed Against Order Of Learned Commissioner Of Income Tax (Appeals)-Xxiv, New Delhi, Dated 29.11.2012 For Assessment Year 2003-04. 2. When The Case Came Up For Hearing On 16.01.2014, Assessee’S Counsel Requested To Adjourn The Case, Which Was Adjourned To 07.07.2014. On 07.07.2014, When The Case Was Called Out, None Turned Up On Behalf Of The Assessee & The Case Was Adjourned To 23.12.2014. Again On 23.12.2014, No One Appeared On Behalf Of The Assessee & The Case Was Adjourned To 18.05.2014. Thereafter, The Case Was Listed For Several Times But Due To Non-Functioning Of The Bench 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…