Smt. Anu Maudgil, Delhi V. ITO, New Delhi

ITA 2377/DEL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1214 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 22-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D : NEW DELHI) BEFORE SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.2377/DEL./2015 (ASSESSMENT YEAR : 2008-09) ANU MAUDGIL VS. ITO D-6/32, VASANT KUNJ WARD 24(4 ), NEW DELHI NEW DELHI PAN : AAAPM4461D (APPELLANT) (RESPONDENT) ASSESSED BY : NONE REVENUE BY : SMT. NAINA SOIN KAPIL, SR. DR DATE OF HEARING : 27.11.2018 DATE OF ORDER : 28 .11.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : THE APPELLANT, ANU MAUDGIL , BY FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 25/02/ 2015 PASSED BY LD. CIT(A)-XI, NEW DELHI QUA THE ASSESSMENT YEAR 20 08-09. 2. IN THE AFORESAID APPEAL, NOTICE WAS SENT THROUGH RPAD TO THE ASSESSEE FOR HEARING ON 10/09/2018 AND THE CASE WAS ADJOURNED TO 27/11/2018 BECAUSE THE NEWLY POSTED SR. DR IN D B ENCH IS RESUMING DUTIES FROM 11/09/2018. THE NEXT DATE OF H EARING I.E. 27/11/2018 WAS INFORMED TO BOTH THE PARTIES IN THE OPEN COURT, BUT THE APPELLANT HAS NOT PREFERRED TO PUT IN HIS APPEA RANCE HIMSELF OR ITA NO. 2377/DEL./2015 2 THROUGH HIS AUTHORIZED REPRESENTATIVE NOR SENT ANY REQUEST FOR ADJOURNMENT. SO, IT IS APPARENT ON RECORD THAT THE APPELLANT IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL. 3. KEEPING IN VIEW THE LEGAL POSITION THAT MERE IS SUANCE OF NOTICE DOES NOT AMOUNT TO ADMISSION OF APPEAL AND THIS ISS UE HAS BEEN SQUARELY DECIDED BY HONBLE ITAT IN THE CASE OF CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL.), THE PRESENT AP PEAL IS HEREBY DISMISSED FOR WANT OF PROSECUTION WITH LIBERTY TO T HE ASSESSEE TO FILE AN APPLICATION TO RECALL THE ORDER SUBJECT TO DEMON STRATE THAT HE WAS PREVENTED BY SUFFICIENT CAUSE FROM PUTTING HIS APPE ARANCE AT THE TIME OF HEARING. 4. IN VIEW OF ABOVE, APPEAL FILED BY ASSESSEE IS DI SMISSED AS UNADMITTED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT ON THIS 28 TH DAY OF NOVEMBER, 2018. SD/- SD/- (N.K.BILLAIYA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 28 TH DAY OF NOVEMBER, 2018 BR COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT 5.CIT(ITAT), NEW DELHI. AR, ITAT ITA NO. 2377/DEL./2015 3 NEW DELHI. DATE OF DICTATION 28.11.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 28.11.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 28.11.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 28.11.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 28.11.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER