M/s Nortel Networks India Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 1510/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3740 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 21-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB

Judgement Text

PAGE 1 OF 2 IN THE INCOME TAX APPELATE TRIBUNAL DELHI BENCH B: NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 1510/DEL/2016 A.Y.: 2005-06 M/S NORTEL NETWORKS INDIA PVT. LTD., VS. DCIT, CI RCLE 13(1), C-227, GROUND FLOOR, (NOW CIRCLE 18(2)) NEAR GARDEN OF FIVE SENSES, C.R. BUILDING, WESTEND MARG, NEW DELHI PARYAVARAN COMPLEX, NEW DELHI 110 030 (PAN: AABCN1424B) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : MS. ASHIMA NEB, SR. DR O R D E R PER H.S. SIDHU, JM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DATED 31.12.2015 OF THE LD. CIT(A)-6, NEW DELHI RELEV ANT TO ASSESSMENT YEAR 2005-06. 2. IN THESE CASES THE NOTICE WAS SENT TO THE ASSES SEE FOR HEARING BY REGD. AD POST FOR TODAY I.E. 29.01.2018 AT THE AD DRESS MENTIONED IN FORM NO. 36 VIDE COLUMN NO. 10, BUT THE SAME WAS RETURNED WITH THE POSTAL REMARKS LETTER RETURNED. 3. ON 29.01.2018, NEITHER THE ASSESSEE NOR ITS AUTH ORISED REPRESENTATIVE ATTENDED THE HEARING; NOT FILED ANY A PPLICATION FOR ADJOURNMENT BY THE ASSESSEE AND NOT FURNISHED ANY NEW ADDRESS, HENCE, WE ARE OF THE VIEW THAT NO USEFUL PURPOSE WOUL D BE SERVED TO SERVE THE NOTICE AGAIN AND AGAIN TO THE ASSESSEE. I N VIEW OF ABOVE, IT PAGE 2 OF 2 IS THUS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF ITS APPEALS 4. HAVING REGARD TO RULE 19(2) OF ITAT RULES AND FOLL OWING VARIOUS DECISIONS OF DELHI BENCH OF THE TRIBUNAL INCLUDING T HAT OF MULTIPLAN INDIA LTD. : 38 ITD 320 (DELHI) AND HONBLE MADHYA PRAD ESH HIGH COURTS DECISION IN ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT; 223 ITR 480 (MP), WE TREAT THESE APPEALS AS UNADMITTED AND DI SMISS THE SAME. WE WOULD LIKE TO CLARIFY THAT SUBSEQUENTLY IF THE ASSESSEE EXPLAINS THE REASONS FOR NON APPEARANCE AND IF THE BE NCH IS SO SATISFIED, THE MATTER MAY BE RECALLED FOR THE PURPOSE O F ADJUDICATION OF THE APPEAL. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 29-01-2018. SD/- SD/- [PRASHANT MAHARISHI] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:29/01/2018 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4.CIT (A) 5. DR , ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES