R.K. Bhatia Buildcon Pvt. Ltd., Delhi V. ITO, New Delhi

ITA 2274/DEL/2013

• Counselvise Citation: 227420114 RSA 2013
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 17-04-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 18-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MEENAKSHI VOHRASR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F NEW DELHI BEFORE SHRI A.D. JAIN, JM AND AND SHRI J.SUDHAKAR REDDY, AM ITA NO: 2274/DEL/2013 AY : - 2009-10 M/S RK BHATIA BUILDCON PVT.LTD. VS. ITO, WARD 15( 1) 13/143, GEETA COLONY, DELHI NEW DELHI PAN: AACCR 7492 L (APPELLANT) (RESP ONDENT) APPELLANT BY : NONE RESPONDENT BY: MS.MEENAKSHI VOHRA,SR.D.R. O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DT. 23.01.2013 OF LD.CIT(A)-XVIII, NEW DELHI FOR ASS ESSMENT YEAR 2009- 10. 2. ON THE DATE OF HEARING I.E. ON 17.4.2014, NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF THE NOTICE, NOR ANY ADJOURNMENT APPLICATION WAS RECEIVED. WE FIND FROM THE RECORD THAT ON AN EARLIER OCCASION ALSO THE APPEAL HAD BEEN ADJOURNED. H ENCE WE PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. 2 3. FOLLOWING THE DECISIONS IN THE CASE OF CIT VS. MULTIPLAN INDIA P.LTD. 38 ITD, 320 (DELHI), AND THE DECISION OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF M/S CHEMIPOL VS. UOI AND OTHER S IN CENTRAL EXCISE APPEAL NO. 62/2009 JUDGEMENT DT. 17 TH SEPTEMBER,2009, WE CONSIDER IT A FIT CASE FOR DISMISSING THE APPEALS IN LIMINE, A S NOT ADMITTED. WE MAY LIKE TO CLARIFY THAT SUBSEQUENTLY, IF THE ASSESSEE EXPLAINS THE REASONS FOR NON-APPEARANCE AND IF THE BENCH IS SO SATISFIED, TH E MATTER MAY BE RECALLED FOR THE PURPOSE OF ADJUDICATION OF THE APP EAL. 4. IN THE RESULT, THE APPEAL BY THE ASSESSEE STA NDS DISMISSED FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH MAY,2014. SD/- SD/- (A.D. JAIN) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 05 TH MAY, ,2014 *MANGA 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT (A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR 1. DATE OF DICTATION: 2. DRAFT PLACED BEFORE THE AUTHOR ON: 3. DRAFT PROPOSED AND PLACED BEFORE SECOND MEMBER ON: 4. DRAFT DISCUSSED/APPROVED BY THE SECOND MEMBER ON: 5. APPROVED DRAFT CAME TO SR.P.S. ON: 6. DATE OF PRONOUNCEMENT : 7. FILE SENT TO BENCH CLERK ON : 8. DATE ON WHICH FILE GIVEN TO HEAD CLERK ON: 9. DATE OF DISPATCHING THE ORDER ON :