M/s. PNB Gilts Ltd., New Delhi V. Pr. CIT- VII, New Delhi

ITA 2964/DEL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4923 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 13-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S RANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.2964/DEL./2015 (ASSESSMENT YEAR : 2006-07) M/S. PNB GILTS LIMITED, VS. ACIT, CIRCLE 14 (1), 5, SANSAD MARG, NEW DELHI. NEW DELHI 110 001. (PAN : AAACP7685B) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI S.S. RANA, CIT DR DATE OF HEARING : 08.10.2018 DATE OF ORDER : 08.10.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : THE APPELLANT, M/S. PNB GILTS LIMITED, BY FILING TH E PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATE D 23.02.2015 PASSED BY LD. PR. CIT, DELHI-VII, NEW DELHI QUA THE ASSESSMENT YEAR 2006-07. 2. IN THE PRESENT APPEAL, ON THE LAST DATE OF HEARI NG I.E. 12.09.2018, THE MATTER WAS ADJOURNED TO 08.10.2018 AND BOTH THE PARTIES WERE INFORMED. HOWEVER, ON 08.10.2018, THE APPELLANT HAS ITA NO.2964/DEL./2015 2 NOT PREFERRED TO PUT IN APPEARANCE ITSELF OR THROUG H ITS AUTHORIZED REPRESENTATIVE NOR SENT ANY REQUEST FOR ADJOURNMENT . SO, IT IS APPARENT ON RECORD THAT THE APPELLANT IS NOT INTERE STED IN PROSECUTION OF THE PRESENT APPEAL. 3. KEEPING IN VIEW THE LEGAL POSITION THAT MERE ISS UANCE OF NOTICE DOES NOT AMOUNT TO ADMISSION OF APPEAL AND T HIS ISSUE HAS BEEN SQUARELY DECIDED BY HONBLE ITAT IN THE CASE O F CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL.), THE PRESENT APPEAL IS HEREBY DISMISSED FOR WANT OF PROSECUTION WITH LIBER TY TO THE ASSESSEE TO FILE AN APPLICATION TO RECALL THE ORDER SUBJECT TO DEMONSTRATE THAT HE WAS PREVENTED BY SUFFICIENT CAU SE FROM PUTTING HIS APPEARANCE AT THE TIME OF HEARING. 4. IN VIEW OF ABOVE, APPEAL FILED BY ASSESSEE IS D ISMISSED AS UNADMITTED. ORDER PRONOUNCED IN OPEN COURT ON THIS 8 TH DAY OF OCTOBER, 2018 AFTER THE CONCLUSION OF THE HEARING. SD/- SD/- (O.P. KANT) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 8 TH DAY OF OCTOBER, 2018 TS ITA NO.2964/DEL./2015 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.PR.CIT(A), DELHI-VII, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.