Keshav Knitwear Ltd., New Delhi V. ITO, New Delhi

ITA 1808/DEL/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1215 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 30-01-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 13-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LEENA SRIVASTAVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `D : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.1808/DEL./2011 (ASSESSMENT YEAR : 2006-07) KESHAV KNITWEAR LTD., VS. ITO, WARD 5(2), C/O B.B. MATHUR & COMPANY, NEW DELHI. ASAF ALI ROAD, NEW DELHI. (PAN/GIR NO.AABCK6063H) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS. LEENA SRIVASTAVA, DR ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE EMANATES FROM THE ORDER OF THE CIT (A)-VIII, NEW DELHI, DATED 15.02.2011, RELEVANT TO ASSESSMENT YEA R 2006-07. 2. DESPITE SENDING NOTICE OF HEARING SUFFICIENTLY I N ADVANCE, ASSESSEE DID NOT APPEAR NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN RECEIV ED AT THE TIME OF HEARING OF THE APPEAL, IN SPITE OF THE FACT THAT EARLIER ALSO ON S EVERAL DATES THE HEARING WAS ADJOURNED DUE TO VARIOUS REASONS INCLUDING AT THE REQUEST OF THE ASSESSEE ITSELF. THUS, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED 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.1808/DEL./2011 (A.Y. : 2006-07) 2 2 4. AS A RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT SOON AFTER THE CONC LUSION OF THE HEARING ON 30.01.2013. SD/- SD/- (T.S. KAPOOR) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : JAN. 30, 2013 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-VIII, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT