Joginder Singh, New Delhi V. ITO, New Delhi

ITA 1301/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3844 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2011
• Appeal Filed By: Assessee
• Bench Allotted: I
• Next Hearing Date: 31-05-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 14-03-2011
• Court: TRIBUNAL
• Department Lawyers: SURJANI MOHANTY
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I: NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER I.T.A.NO.1301/DEL/2011 ASSESSMENT YEAR : 2006-07 JOGINDER SINGH, INCOME-TAX OFFICER, G-5, VARDHMAN, APPENZELL VS. WARD 36(4), NEW DELHI . PLAZA, MAYUR VIHAR, PHASE-III, DELHI. PAN: AYJPS0132Q (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MS. SURJANI MOHANT Y, SR. DR O R D E R PER DIVA SINGH, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 9 TH JULY, 2010 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XX VII, NEW DELHI, PERTAINING TO THE ASSESSMENT YEAR 2006-07, CHALLENG ING THE VARIOUS ADDITIONS SUSTAINED BY THE CIT(A) AGAINST THE ASSES SMENT MADE UNDER SEC. 144 OF THE INCOME-TAX ACT, 1961 (THE ACT). HOWEVER , AT THE TIME OF HEARING NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. THE APPEAL WAS PASSED OVER. DESPITE THE SAME, IN THE SECOND ROUND ALSO NO ONE W AS PRESENT. 2 2. A PERUSAL OF THE RECORD SHOWS THAT THE DATE OF H EARING WAS INTIMATED TO THE ASSESSEE. DESPITE THE SAME NEITHER ANYONE W AS PRESENT NOR ANY REQUEST FOR ADJOURNMENT WAS RECEIVED. FROM THE ABOV E IT IS EVIDENT THAT THE ASSESSEE IS NOT INTERESTED IN THE PROSECUTION OF AP PEAL. MS. SURJANI MOHANTY, SR. DR APPEARED FOR THE REVENUE. 3. CONSIDERING THE FACTS AND KEEPING IN VIEW THE PR OVISIONS OF ORDER V RULE 19A OF THE INCOME-TAX APPELLATE TRIBUNAL RULES , AS WERE CONSIDERED IN THE CASES OF CIT VS. MULTIPLAN (INDIA) PVT. LTD., 3 8 ITD 320 (DEL); AND LATE TUKOJI RAO HOLKAR, 223 ITR 480 (MP), WE DISMISS THI S APPEAL FILED BY THE ASSESSEE. THE ASSESSEE, IF SO ADVISED, SHALL BE FRE E TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EXPLAINING THE REASONS FOR NON- COMPLIANCE ETC. AND IF THE BENCH IS SO SATISFIED AB OUT THE REASONS ETC., THEN THIS ORDER SHALL BE RECALLED. 4. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N THE DATE OF HEARING ITSELF I.E. ON 31 ST MAY, 2011. SD/- SD/- (B.K. HALDAR) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31 ST MAY, 2011. COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.