Kalpana Aggarwal, Faridabad V. ITO, Faridabad

ITA 3020/DEL/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0530 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 01-02-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 15-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K MONGA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D DELHI BEFORE SHRI I.P. BANSAL AND SHRI K.G. BANSAL ITA NO. 3020(DEL)/2010 ASSESSMENT YEAR: 2002-03 MS. KALPANA AGGARWAL, INCO ME-TAX OFFICER, C/O SHRI GOPAL MATHUR, ADV., VS. WARD II( 2), FARIDABAD. 1-H-60, BP, FIRST FLOOR, NIT, FARIDABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI A.K. MONGA, DR ORDER PER K.G. BANSAL : AM THIS APPEAL OF THE ASSESSEE ARISES OUT OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS), FARIDABAD, I N APPEAL NO. 198/09-10 PASSED ON 30.03.2010. THE CORRESPONDING ASSES SMENT ORDER WAS FRAMED BY THE INCOME-TAX OFFICER, WARD II(2), FARIDABAD ON 10.12.2009 UNDER THE PROVISIONS OF SECTION 143(3) OF THE INCOME-T AX ACT, 1961. 2. THE APPEAL WAS FIXED FOR HEARING ON 17.08. 2010. THE BENCH DID NOT FUNCTION ON THAT DATE, THEREFORE, THE APPE AL WAS ADJOURNED FOR HEARING TO 4.11.2010. THE CASE WAS ADJOURNE D ON THIS DATE ALSO AND A NOTICE DATED 9.12.2010 WAS ISSUED AT THE ADD RESS GIVEN BY THE ASSESSEE IN FORM NO. 36 FIXING THE APPEAL FOR HEARING O N 01.02.2011. ON THIS ITA NO. 3029(DEL)/2010 2 DATE, WHEN THE APPEAL WAS CALLED FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMEN T WAS FILED. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTI NG THE APPEAL. IN SUCH CIRCUMSTANCES, THE APPEAL OF THE ASSESSEE IS LIA BLE TO DISMISSED IN LIMINE FOR LACK OF PROSECUTION, IN VIEW OF THE DECISI ONS IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., 38 ITD 320(DEL) AND ESTATE OF LATE TUKAJIRAO HOLKAR VS. CWT, 223 ITR 480 (M.P). RESPECTFULLY FOLLOWING THESE CASES, THE APPEAL IS DISMISSED. 3. THE ORDER WAS PRONOUNCED IN THE COURT ON 1ST FEBRUARY, 2011. SD/- SD/- (I.P. BANSAL) (K.G. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER SP SATIA DATE OF ORDER: 1ST FEBRUARY, 2011. COPY OF THE ORDER FORWARDED TO:- 1. MS. KALPANA AGGARWAL, FARIDABAD. 2. ITO WARD II(2), FARIDABAD. 3. CIT(A) 4. CIT, 5. THE DR, ITAT, NEW DELHI. ASSISTANT REGISTRAR.