Smt. Sheella Vaish (Through Legal Heir), New Delhi V. Income Tax Officer, Ward-2(2), Bareilly

ITA 275/LKW/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4497 (ITAT-LUCKNOW)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 01-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH SMC, LUCKNOW BEFORE SHRI. A. D. JAIN, VICE PRESIDENT ITA NO. 275/LKW/2019 ASSESSMENT YEAR: 2007 - 08 SMT. SHEELA VAISH (THROUGH LEGAL HEIR) F-91, PREET VIHAR VIKAS MARG NEW DELHI V. ITO WARD 2(2) BAREILLY T AN /PAN : AEWPV7615J (APP ELL ANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SHRI C. K. SINGH, D.R. DATE OF HEARING: 19 0 8 201 9 DATE OF PRONOUNCEMENT: 22 0 8 201 9 O R D E R THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE LD. CIT (A), BAREILLY, DATED 26/2/2019, FOR ASSESSMENT YEAR 2007-08. 2. THIS APPEAL WAS TAKEN UP FOR HEARING ON 19/8/2019, BUT NONE HAS APPEARED ON BEHALF OF THE ASSESSEE, DESPITE ISSUANCE OF NOTICE THROUGH RPAD, WHICH HAS NOT RETURNED UNSERVED. SINCE THE ASSESSEE DID NOT APPEAR DESPITE HAVING KNOWLEDGE OF THE DATE OF HEARING, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. AS SUCH, I HOLD THAT THE APPEAL IS LIABLE TO BE DISMISSED FOR NON- PROSECUTION. IN THIS REGARD, I PLACE RELIANCE UPON THE FOLLOWING CASE LAWS:- 1. CIT VS. MULTIPLAN INDIA LTD., 38 ITD 320 (DEL) 2. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (M.P.) 3. NEW DIWAN OIL MILLS VS. CIT (2008), 296 ITR 495 (P& H) 4. CIT VS. B. N. BHATTACHARGEE AND ANOTHER, 118 ITR 461(SC) ITA NO.275/LKW/2019 PAGE 2 OF 2 3. RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CASES CITED (SUPRA), THE APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR NON- PROSECUTION. THE ASSESSEE MAY, HOWEVER, GET IT REVIVED BY SHOWING SUFFICIENT CAUSE FOR NON-APPEARANCE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/08/2019. SD/ - [ A. D. JAIN ] VICE PRESIDENT DATED:22/08/2019 JJ:1908 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSISTANT REGISTRAR