M/s. Upyogi Finvest (P) Ltd., New Delhi V. ITO, New Delhi

ITA 18/DEL/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58839 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 26-07-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 03-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C B SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `H : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI K.E. BANSAL, ACCOUNTANT MEMBER ITA NO.18/DEL./2012 (ASSESSMENT YEAR : 2003-04) M/S UPYOGI FINVEST (P) LTD., VS. ITO, WARD 18(1) , WZ 297, GALI NO.11, NEW DELHI NEAR GURUDWARA, LAJWANTI GARDEN, NEW DELHI. (PAN/GIR NO.AABCV1597M) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI C.B. SINGH, SR.DR ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE EMANATES FROM THE ORDER PASSED BY THE CIT (A)-XXI, NEW DELHI DATED 09.09.2011, RELEVANT TO ASSESSMENT YEAR 2003-04. 2. DESPITE SENDING NOTICE OF HEARING SUFFICIENTLY I N ADVANCE, ASSESSEE DID NOT APPEAR NOR ANY REQUEST FOR ADJOURNMENT HAS BEEN RECEIVED AT THE TIME OF HEARING OF THE APPEAL. SO, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERE STED IN PROSECUTION OF THE PRESENT APPEAL. 3. HAVING REGARD TO RULE 19(2) OF ITAT RULES, 1963 AND FOLLOWING VARIOUS DECISIONS OF THE TRIBUNAL INCLUDING IN THE CASE OF CIT VS. M ULTIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (DEL.) AND THE JUDGMENT OF HONBLE MADHYA P RADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 I.T.R. 480 (MP), WE TREAT THE APPEAL OF THE ASSESSEE AS UNADMITTED AND DISMISS THE SAME. I.T.A. NO.18/DEL.2012 (A.Y. : 2003-04) 2 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT SOON AFTER THE CONC LUSION OF THE HEARING ON 06.03.2012. SD/- SD/- (K.G. BANSAL) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : MARCH 06, 2012 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-XXI, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT