Sh. Mohd Yousuf Kuchay, Kashmir V. The Income Tax Officer, Srinagar

ITA 153/ASR/2016

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0769 (ITAT-AMRITSAR)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 14-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR (SMC). BEFORE SH. A.D. JAIN, JUDICIAL MEMBER ITA NO.153(ASR)/2016 ASSESSMENT YEAR:2008-09 PAN: AGOPK2667D MOHD. YOUSUF KUCHAY, VS. INCOME TAX OFFICER, HUMHAMA BUDGAM, WARD-3(2), SRINAGAR. SRINAGAR. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. UMESH TAKYAR, DR DATE OF HEARING: 16/05/2016 DATE OF PRONOUNCEMENT: 16/05/2016 ORDER THIS IS THE ASSESSEES APPEAL FOR THE ASSESSMENT YE AR 2009-10, AGAINST THE ORDER, DATED 15.12.2015, PASSED BY THE LD. CIT(A), JAMMU. 2. NOTICE OF HEARING FOR TODAY, I.E., 16.05.2016 WA S ISSUED TO THE ASSESSEE BY RPAD ON 05.04.2016. AS PER RECORD, THE SAME HAS NOT RETURNED UNSERVED. HOWEVER, AT THE TIME OF HEARING, NEITHER THE ASSESSEE, NOR HIS AUTHORIZED REPRESENTATIVE APPEARED, NOR ANY APPLICATION FOR ADJOURNMENT WAS FILED. 3. IN VIEW THE AFORESAID FACTS, I AM OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL AND THE SAME IS LIABLE TO BE DISMISSED ON THIS GROUND ITSELF. THEREFORE, CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE INCOME-TAX ITA NO.153(ASR)2016 A.Y.2009-10 2 (APPELLATE TRIBUNAL) RULES, 1963, AS WERE CONSIDERE D IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. REPORTED IN 38 ITD 320(DEL .), I TREAT THIS APPEAL AS UN-ADMITTED. ACCORDINGLY, THE APPEAL IS DISMISSE D FOR WANT OF PROSECUTION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER A ND EXPLAINING THE REASONS FOR NON-COMPLIANCE, ETC. AND IF THE BEN CH IS SO SATISFIED ABOUT THE REASONS, ETC., THIS ORDER SHALL BE RECALLED. 4. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/05/ 2016. SD/- (A.D. JAIN) JUDICIAL MEMBER /SKR/ DATED: 16/05/2016 COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:MOHD. YOUSUF KUCHAY, BUDGAM, SRINAGAR. 2. THE ITO WARDE 3(2), SGR. 3. THE CIT(A), JAMMU 4. THE CIT, JAMMU 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.