Shri Chandra Prakash, Uttar Pradesh V. ITO, Noida

ITA 2232/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6760 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 20-07-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 15-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-2 NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER ITA NO. 2232/DEL/2015 A.Y. 2009-10 CHANDRA PRAKASH VS. INCOME-TAX OFFICER, VILL. BADALPUR, DADRI, WARD-3(1), NOIDA. GAUTAM BUDH NAGAR, UTTAR PRADESH PAN: ADEPP 5638 A ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI N.K. BANSAL SR. DR DATE OF HEARING : 20-07-2016 DATE OF ORDER : 25/07-2016. O R D E R PER S.V. MEHROTRA, A.M:- THIS IS ASSESSEES APPEAL AGAINST THE ORDER DATED 1 9.08.2014, PASSED BY THE LD. CIT(A), NOIDA RELATING TO A.Y. 2009-10. 2. NONE PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE AT THE HEARING FIXED FOR 20- 07-2016. THE ENVELOPE CONTAINING THE NOTICE OF HEAR ING, SENT THROUGH REGISTERED A.D. POST, AT THE ADDRESS FURNISHED BY ASSESSEE IN COLUMN NO. 10 OF THE MEMO OF APPEAL, HAS BEEN RETURNED UNSERVED WITH THE POS TAL REMARKS INCOMPLETE ADDRESS. PLEASE FATHERS NAME. RETURN TO SENDER. SINCE THE ASSESSEE HAS NOT FURNISHED COMPLETE ADDRESS, THEREFORE, NO FRUITFUL PURPOSE W OULD BE SERVED TO SEND THE NOTICE OF HEARING AT THE GIVEN ADDRESS. 3. RULE 19 OF THE ITAT RULES, 1963 PRESCRIBES THE C ONDITIONS ABOUT ADMISSIBILITY OF APPEAL FOR HEARING IN FOLLOWING TE RMS: 19(1) THE TRIBUNAL SHALL NOTIFY TO THE PARTIES SPE CIFYING THE DATE AND PLACE OF HEARING OF THE APPEAL AND SEND A COPY OF THE 2 MEMORANDUM OF APPEAL TO THE RESPONDENT EITHER BEFOR E OR WITH SUCH NOTICE. (2)THE ISSUE OF THE NOTICE REFERRED TO IN SUB-RULE (1) SHALL NOT BY ITSELF BE DEEMED TO MEAN THAT THE APPEAL HAS BEEN ADMITTED . 4. THE ITAT IN THE CASE OF CIT VS. MULTIPLAN (INDI A) PVT. LTD. 38 ITD 320 (DEL.) HAD OCCASION TO CONSIDER THE ASPECT OF ADMIS SIBILITY OF APPEAL FOR HEARING BY OBSERVING AS UNDER: 4. A JUDICIAL BODY HAS CERTAIN INHERENT POWERS. DECISI ONS ARE TAKEN FOR THE PURPOSE OF PROPER AND EXPEDITIOUS DISPOSAL OF THE APPEALS IN PRESENT CLIMATE OF MOUNTING ARREARS PARTLY DUE TO A PPEALS BEING FILED WITHOUT PROPER APPLICATION OF MIND TO FACTS AND LAW AND ALSO AT TIMES FOR ALTOGETHER EXTRANEOUS CONSIDERATIONS. THEREFORE , ON THE BASIS OF INHERENT POWERS THE TRIBUNAL TREATED THE APPEAL AS UNADMITTED. THE PROVISIONS OF RULE 19 OF THE APPELLATE TRIBUNAL RUL ES SUPPORT SUCH ACTION BY STATING THAT MERE ISSUE OF NOTICE COULD N OT BY ITSELF MEAN THAT APPEAL HAD BEEN ADMITTED. THIS RULE ONLY CLARI FIED THE POSITION. THERE IS JUSTIFICATION FOR RULE 19(2). WHEN THE APP EAL IS PRESENTED THE SAME IS ACCEPTED. THEREAFTER THE CONCERNED CLERK IN REGISTRY VERIFIES WHETHER ACCOMPANYING DOCUMENTS ARE RECEIVED OR NOT AND IF NOT A MEMO IS ISSUED CALLING FOR THE PAPERS WHICH ARE ALS O REQUIRED TO BE ATTACHED TO APPEAL MEMO. BUT AT NO STAGE USUALLY TH E SCRUTINY IS MADE ON POINTS WHETHER THE APPEAL MEMO AND CONTENTS REAL LY CONFORM TO VARIOUS APPELLATE TRIBUNAL RULES OR IS IT A LEGALLY VALID APPEAL UNDER SECTION 253 OF THE ACT. THOSE POINTS IF ARISING CAN BE CONSIDERED ONLY AT A TIME OF HEARING. AND THAT IS WHY THE RULE PRES CRIBES THAT MERE ISSUE OF NOTICE DOES NOT MEAN APPEAL IS ADMITTED. T HIS ACCORDING TO US, IS THE SIGNIFICANCE OF RULE 19(2). .. . 5. IT WAS SUBMITTED AT THE TIME OF HEARING OF THE REFE RENCE APPLICATION THAT THE LANGUAGE OF RULE 24 OF THE APPELLATE TRIBU NAL RULES REQUIRED THE TRIBUNAL TO DISPOSE OF THE APPEAL ON MERITS AFT ER HEARING THE RESPONDENT. IT MAY BE STATED HERE THAT THE TRIBUNAL HAS NOT PASSED ANY ORDER ON THE BASIS OF RULE 24 OF THE TRIBUNAL RULES WHICH PRESUPPOSES ADMISSION OF APPEAL UNDER SECTION 253 OF THE ACT BE SIDES THERE WAS NO QUESTION OF HEARING THE RESPONDENT SINCE NONE COULD BE NOTIFIED 3 BECAUSE OF INCORRECT ADDRESS GIVEN BY THE APPELLANT AND PROPER PARTICULARS NOT FURNISHED SO FAR. 5. THUS, THE ITAT IN THE CASE MULTIPLAN (INDIA) PVT . LTD. (SUPRA) HAS HELD THAT ISSUANCE OF NOTICE UNDER RULE 19 OF THE ITAT RULES, 1961, ITSELF DOES NOT MAKE THE APPEAL ADMISSIBLE. NON-ATTENDANCE MAKES THE APPEAL DEFECTIVE AND THE ASSESSEE HAS TO CORRECT THE SAME BY GIVING PROPER EXPLANATION. R ESPECTFULLY FOLLOWING THE ORDER OF ITAT IN THE CASE OF MULTIPLAN (INDIA) PVT. LTD. (SUPRA), I HOLD THE APPEAL TO BE UNADMITTED WITH A LIBERTY TO ASSESSEE TO MOVE APPLI CATION EXPLAINING ITS NON APPEARANCE BEFORE THE ITAT ON THE APPOINTED DATE. 6. IN THESE TERMS, THE APPEAL IS TECHNICALLY DISMIS SED AS UNADMITTED. ORDER PRONOUNCED IN OPEN COURT ON 25-07-2016. SD/- ( S.V. MEHROTRA ) ACCOUNTANT MEMBER DATED: 25-07-2016. MP: C OPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR