Raju Doiker(Huf), Hyderabad V. ITO, Hyderabad

ITA 1097/HYD/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3227 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-07-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 18-08-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMBE R ITA NO.1097/HYD/10 :ASST. YEAR: 2 007-08 RAJU DOIKER (HUF), HYDERABAD. (PAN: AAGHR 2102 C) VS INCOME - TAX OFFICER, WARD NO.4(2) HYDERABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SMT. NIVEDITA BISWAS O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE CIT (A)-V, HYDERABAD DATED 8-6-2010 AND IT PERT AINS TO THE ASSESSMENT YEAR 2007-08. 2. AT THE TIME OF HEARING ON 4-7-2011, NONE APPEAR ED ON BEHALF OF THE ASSESSEE. AS HELD BY THE HONBLE ITAT, DELHI BENCH IN THE CASE OF CIT V/S. MUTLIPLAN INDIA LIMITED (38 IT D 320), THERE MAY BE VARIOUS REASONS FOR THE APPELLANT TO REMAIN ABSENT AT THE TIME OF HEARING. ONE OF THE REASONS MIGHT BE A DESIGN OR A BSENCE OF NEED TO PROSECUTE THE APPEAL. BY FOLLOWING THE SAID DECISI ON AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, WE DIS MISS THIS APPEAL IN LIMINE, WITH LIBERTY TO THE ASSESSEE TO FILE A PETI TION TO RECALL THIS ORDER, IF THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON BEH ALF OF THE ASSESSEE ON 4-7-2011. ITA NO. 1097/HYD/2 010 SRI RAJU DOIKER (HUF), H YDERABAD. ==================== ===== 2 3. WE FIND THAT THERE IS SHORT FEE OF RS.5513/- IN THIS CASE. THE OFFICE HAS SENT DEFECT NOTICE TO THE ASSESSEE ON 20 -8-2010 FOR THE ABOVE-SAID SHORT FEES. BUT, THE ASSESSEE HAS NOT P AID THE SAID SHORT FEES SO FAR. HENCE, THIS APPEAL IS ALSO TO BE DISM ISSED ON THE GROUND OF DEFAULT IN PAYMENT. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4-7-2011. SD/- SD/- (G.C. GUPTA) (AKBER BASHA) VICE PRESIDENT. ACCOUNTANT MEMBER. DT/- 4-7-2011. COPY FORWARDED TO: 1. C/O TEJPRAKASH TOSHINIWAL, ADVOCATE, 4 - 1 - 6/B/4, RAMKOTE, HYDERABAD-500095. 2. 3. 4 5. JMR* INCOME - TAX OFFICER, WARD - 4(2), HYDERABAD. CIT (A)-V, HYDERABAD. CIT, AP, HYDERABAD. THE DR, ITAT, HYDERABAD. ITA NO. 1097/HYD/2 010 SRI RAJU DOIKER (HUF), H YDERABAD. ==================== ===== 3