M/s. Oriental Trimex Limited, New Delhi V. ACIT, New Delhi

ITA 1681/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6782 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 27-06-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 21-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY, AM AND SHRI C.M.GARG, J.M. ITA NO: 1681 /DEL/201 4 AY : - 200 9 - 10 ORIENTAL TRIMEX LTD. VS. ACIT, CIRCLE 13(1) 26/25, BAZAR MARG NEW DELHI OLD RAJINDER NAGAR NEW DELHI 110 060 (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SH. P.DAMKANUNJA, SR.D.R. O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER DT. 24.01.2014 OF LD.CIT(A) - X VI , NEW DELHI FOR ASSESSMENT YEAR 200 9 - 10 . 2. ON THE DATE OF HEARING I.E. ON 2 7 .06.2016 THOUGH NOTICE OF SE RVICE , NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION WAS RECEIVED. WE FIND FROM THE RECORD THAT ON EARLIER OCCASIONS ALSO THE APPEAL HAD BEEN ADJOURNED. HENCE WE PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTIN G THE APPEAL. 3. FOLLOWING THE DECISIONS IN THE CASE OF CIT VS. MULTIPLAN INDIA P.LTD. 38 ITD, 320 (DELHI), AND THE DECISION OF THE HON BLE BOMBAY HIGH COURT IN THE CASE OF M/S CHEMIPOL VS. UOI AND OTHERS IN CENTRAL EXCISE APPEAL NO. 62/2009 JUDGEMEN T DT. 17 TH SEPTEMBER,2009, WE CONSIDER IT A FIT CASE FOR DISMISSING THE APPEA L IN LIMINE, AS NOT ADMITTED. WE MAY LIKE TO CLARIFY THAT SUBSEQUENTLY, IF THE ASSESSEE EXPLAINS THE REASONS FOR NON - APPEARANCE 2 AND IF THE BENCH IS SO SATISFIED, THE MATTER MAY BE RECALLED FOR THE PURPOSE OF ADJUDICATION OF THE APPEAL. 4. IN THE RESULT, THE APPEAL BY THE ASSESSEE STANDS DISMISSED FOR NON - PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 TH JU LY ,2016. S D / - S D / - (C.M. GARG) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 2 7 TH JULY , 2016 *MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR 3