New Diwan Oil Mills v. CIT

296 ITR 495High Court2008#218 most cited

What is New Diwan Oil Mills v. CIT authority for?

The High Court can return a reference unanswered if the assessee fails to appear or provide assistance. This illustrates the broader principle that appellate authorities have inherent power to dismiss appeals for non-prosecution when a party does not effectively pursue their case.

351

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2026.

Also referred to as

New Diwan Oil Mills v. CIT · 296 ITR 495 · dismissal for non-prosecution · assessee non-appearance · failure to assist court · High Court reference unanswered · Section 250(6) · inherent power to dismiss appeal · effective pursuit of appeal

Issues it is cited on

Judgments citing New Diwan Oil Mills v. CIT

Jai Janta Trading Co., New Delhi vs. ITO, New Delhi

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

ITA 3414/DEL/2011[2007-08]Status: DisposedITAT Delhi19 Oct 2015AY 2007-08

Bench: Sh. N. K. Saini, Am & Smt. Beena A. Pillai, Jm Ita No. 3414/Del/2011 : Asstt. Year : 2007-08 Jai Janta Trading Co., Vs Income Tax Officer, 2730, 1St Floor, Naya Bazar, Ward-29(1), Drum Shaped Delhi-110006 Building, I.P. Estate, New Delhi-110002 (Appellant) (Respondent) Pan No. Aaafj2040H Assessee By : None Revenue By : Sh. S. K. Jain, Sr. Dr Date Of Hearing : 19.10.2015 Date Of Pronouncement : 19.10.2015 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 15.06.2011 Of Ld. Cit(A)-Xxv, New Delhi. 2. Earlier This Case Was Disposed Off Vide Order Dated 10.01.2012. Thereafter The Assessee Moved Miscellaneous Application For Recalling The Ex-Parte Order & Vide Order Dated 04.09.2015 In M.A. No. 173/Del/2012, The Order Dated 10.01.2012 Was Recalled & The Date Of Hearing For Today I.E. 19.10.2015 Was Announced On The Said Date In The Open Court, This Fact Is Mentioned In The Order Dated 04.09.2015. However, At The Time Of Hearing Nobody Was Present On Behalf Of The Assessee Nor Any Adjournment Was Sought. It, Therefore, 2 Jai Janta Trading Co. Appears That The Assessee Is Not Interested To Prosecute The Matter.

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

…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.” 5. Similarly, Hon’ble Punjab & Haryana High Court in the case of New Diwan Oil Mills vs. CIT (2008) 296 ITR 495) returned the reference unanswered since the assessee remained absent and there was not any assistance from the assessee. 6. Their Lordships of Hon’ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) held that 3 Jai Janta Trading Co. the appeal does not mean, mere filing of the memo of appeal but ef…