Shri Piyush Prakashchandra Ghadiali, Surat V. The ACIT.,Circle-7, Surat

ITA 2829/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1544 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-05-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 14-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD , BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER. ITA. NO.2829/AHD/2012 (ASSESSMENT YEAR:2008-09) PIYUSH PRAKASHCHANDRA GHADIALI 2/375, PARSIWADI, GHANTI SHERI, RUSTAMPURA, SURAT 395002 APPELLANT VS. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-7, SURAT RESPONDENT PAN: ANJPG4306M /BY APPELLANT : NONE /BY RESPONDENT :SHRI NARENDRA SINGH, SR. D.R. /DATE OF HEARING : 23.05.2016 /DATE OF PRONOUNCEMENT : 23.05.2016 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-II, SURAT, DAT ED 26.11.2012 FOR A.Y. 2008-09. 2. AT THE OUTSET, IT IS SEEN FROM THE RECORDS THAT NOT ICE HAS BEEN ISSUED TO THE ASSESSEE ON 13.04.2016, HOWEVER, ON THE ITA NO.2829/AHD/12 A.Y. 08-09 [PIYUSH PRAKASHCHANDRA GHADIALI VS. ACIT] PAGE 2 DATE OF HEARING I.E. 23.05.2016 NONE APPEARED ON BE HALF OF ASSESSEE NOR FILED ANY ADJOURNMENT PETITION. THIS SHOWS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THIS APPE AL. 2.1 IN VIEW OF THESE FACTS, IT IS CLEAR THAT THE AS SESSEE IS NOT INTERESTED IN PROSECUTING THIS APPEAL, AND ACCORDIN GLY, FOLLOWING THE DECISION OF THE MULTIPLAN (INDIA) (P) LTD., (38 ITD 320), WE DISMISS THIS APPEAL FILED BY ASSESSEE FOR WANT OF P ROSECUTION. THE ASSESSEE SHALL HOWEVER BE AT LIBERTY TO APPROACH TH E TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON- APPEARANCE ON THE DATE OF HEARING. 3. AS A RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED FOR NON PROSECUTION. PRONOUNCED IN THE OPEN COURT ON THIS THE 23 RD DAY OF MAY, 2016. SD/- SD/- (ANIL CHATURVEDI) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBE R AHMEDABAD: 23/05/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE $ %&%'( ) / CONCERNED CIT 4 )- / CIT (A) ,-./00'(1 '( 123& / DR, ITAT, AHMEDABAD 4/5678 / GUARD FILE. BY ORDER / 1 / 2% '( 123&