Sh. Mohd. Naushad Ahmed, New Delhi V. ITO, Saharanpur

ITA 1477/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4300 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 01-05-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 12-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: N O N E

Judgement Text

1 I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCHES: E NEW DELHI ] BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER. I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08. SHRI MOHD. NAUSHAD AHMED, INCOME TAX OFFICER, C/O. SHRI BHOORA AHMED, VS. W A R D : 2, V & P.O. GHOGREKI, SADAK DUDHALI, SAHARANPUR. SAHARANPUR [UTTAR PRADESH] PAN : AHBPA 7482 L (APPELLANT) (RESPONDENT) ASSESSEE BY : N O N E; DEPARTMENT BY : MS. RAKHI VIMAL, SR. D. R.; DATE OF HEARING : 26.09.2017 DATE OF PRONOUNCEMENT : 26.09.2017 O R D E R . PER BHAVNESH SAINI, J. M. : BOTH THE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST DIFFERENT ORDERS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), MUZAFFAR NAGAR, DATED 23 RD OCTOBER, 2013 FOR ASSESSMENT YEAR 2006-07 AND DATED 2 I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08 30 TH OCTOBER, 2013 FOR ASSESSMENT YEAR 2007-08, CHALLENGING THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961. 2. ON THE LAST DATE OF HEARING ON REQUEST OF AR, THE APPEALS WERE ADJOURNED TO 26 TH SEPTEMBER, 2017. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING OF THE APPEALS. THE LD. CIT (APPEALS) ALSO PASSED EX-PARTE ORDERS. IT, THEREFORE, APPEARS THAT THE ASSESSEE IS NO MORE INTERESTED IN PROSECUTING THE APPEALS. THEREFORE, THE APPEALS OF THE ASSESSEE ARE LIABLE TO BE DISMISSED. 3. CONSIDERING THE FACTS OF BOTH THE CASES 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 ASSESSEES APPEALS ARE LIABLE TO BE DISMISSED, FOR WANT OF PROSECUTION. 4. 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 :- 3 I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08 '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 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 THE APPEAL DOES NOT MEAN, MERE FILING OF THE MEMO OF APPEAL BUT EFFECTIVELY PURSUING THE SAME. 7. RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CASES CITED SUPRA, WE DISMISS THE ABOVE APPEALS FOR NON-PROSECUTION. BEFORE PARTING, WE ADD THAT IN CASE THE ASSESSEE IS SERIOUS IN PURSUING THE APPEALS FILED, THEN IT WOULD BE AT LIBERTY TO PRAY FOR A RECALL OF THIS ORDER BY MOVING AN APPROPRIATE APPLICATION. 4 I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08 8. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED, FOR NON-PROSECUTION. 9 THE ORDER IS PRONOUNCED IN THE OPEN COURT IMMEDIATELY AFTER THE HEARING ON : 26 TH SEPTEMBER, 2017. SD/- SD/- ( L. P. SAHU ) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : THE 26 TH SEPTEMBER, 2017. *MEHTA* COPY OF THE ORDER FORWARDED TO :- 1. APPELLANT; 2. RESPONDENT; 3. CIT; 4. CIT (APPEALS); 5. DR, ITAT, ND. BY ORDER ASSISTANT REGISTRAR 5 I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08 DATE DRAFT DICTATED ON 26.09.2017 DRAFT PLACED BEFORE AUTHOR 26.09.2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 26.09.2017 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 26.09.2017 APPROVED DRAFT COMES TO THE SR.PS/PS 26.09.2017 KEPT FOR PRONOUNCEMENT ON 26.09.2017 FILE SENT TO THE BENCH CLERK 26.09.2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. 6 I. T. APPEAL NOS. 1477 & 1478/DEL/2014 ASSESSMENT YEARS : 200607 & 2007-08