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

C R Jaiswal and K B Jaiswal, Village Kingaon vs. Income Tax Officer, Ward -2(5), Jalgaon

In the result, appeal of the assessee is allowed for statistical purpose

ITA 732/PUN/2023[2016-17]Status: DisposedITAT Pune14 Sept 2023AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.732/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 C R Jaiswal & K B Jaiswal, The Income Tax Officer, Retail Country Liquor Shop, V Jalgaon. Village Kingaon, Taluka S Yawal – 425503 Maharashtra. Pan: Aaefc 8278 J Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 12/09/2023 Date Of Pronouncement 14/09/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Under Section 250 Of The Income Tax Act, 1961 Dated 21.04.2023 Emanating From Assessment Order Under Section 143(3) Dated 29.11.2018 For A.Y.2016-17. The Grounds Of Appeal Raised By The Assessee As Under : C.R.Jaiswal & K.B.Jaiswal [A]

Section 143(3)Section 184Section 250Section 40Section 40A(3)

…is appeal is liable to be dismissed for non-prosecution. In this regard, we place reliance upon following case laws: CIT vs. Multiplan India Ltd. 38 ITD 320 (Del)1. Estate of Late Tukojirao Hokar vs. CWT 223 ITR 840 (M.P.)2. New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P&H)3. CIT vs. B.N. Bhattachargee and Another 118 ITR 461 (SC). 4.6 Therefore, considering the above factual and legal position, the appeal filed by the appellant is dismissed for non-prosecution. As a result, the assessment by the AO is confirmed.” 3 C.R.Jaiswal and K.B.Jaiswal [A] 3. As per the provisions of the Act, the ld.CIT(A) is not emp…

Bala Siddeshwar Aitha, Warangal vs. ITO, Ward-3, Warangal

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 269/HYD/2023[2014-15]Status: DisposedITAT Hyderabad20 Jun 2023AY 2014-15

Bench: Shri K. Narasimha Charyआ.अपी.सं / Ita No. 269/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Sri Bala Siddeshwar Aitha, Vs. Income Tax Officer, Cherial, Ward-3, Warangal Warangal [Pan No. Apepa3520N] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Smt. S. Sandhya, Ar रधजस्‍व द्वधरध/Revenue By: Shri T. Venkanna, Dr सुिवधई की तधरीख/Date Of Hearing: 07/06/2023 घोर्णध की तधरीख/Pronouncement On: 20/06/2023

For Appellant: Smt. S. Sandhya, ARFor Respondent: Shri T. Venkanna, DR
Section 143(3)Section 250(6)

…avail the same, he had no option to proceed ex parte, the learned CIT(A) while placing reliance on the decisions of CIT vs. Multiplan India Ltd. 38 ITD 320 (Del), Estate of Late Tukojirao Hokar vs. CWT 223 ITR 840 (M.P) and New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P&H) and CIT vs. B.N.Bhattachargee and another 118 ITR 461 (SC), dismissed the appeal and confirmed the addition made by the learned Assessing Officer. 7. Learned CIT(A) did not refer to the facts of the case or the contentions raised by the assessee by way of written submissions or to the contentions referred to by the order passed by the Benc…