Care India Solutions For Sustainable Development, New Delhi V. ITO (Exemptions), New Delhi

ITA 3277/DEL/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6672 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 22-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SMT. BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-3277/DEL/2015 (ASSESSMENT YEAR-2010-11) CARE INDIA SOLUTIONS FOR SUSTAINABLE DEVELOPMENT E-46/12, OKHLA INDUSTRIAL AREA, PHASE-II, NEW DELHI. AADCC3639H (APPELLANT) VS ITO (EXEMPTIONS) TRUST WARD III CIVIC CENTRE, NEW DELHI. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SMT. NAINA SOIN KAPIL, SR. DR ORDER PER SMT. BEENA A PILLAI, J.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 18/03/2015 OF THE LD. CIT(A), NEW DELHI RELEV ANT TO ASSESSMENT YEAR 2010-11. 2. THE ASSESSEE HAS BEEN NOTIFIED THE DATE OF HEARI NG THROUGH REGISTERED POST, HOWEVER, NONE APPEARED ON BEHALF O F THE ASSESSEE AT THE TIME OF HEARING OF THE APPEAL. IT, THEREFORE, APPE ARS THAT ASSESSEE IS NO MORE INTERESTED IN PROSECUTING THE APPEAL. THEREF ORE, APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED UN-ADMITTEDLY. WE FIND SUPPORT FROM THE DECISION IN COMMISSIONER OF INCOME-TAX VS MULTI PLAN INDIA (P) LTD.: 38 ITD 320(DEL), WHEREIN THERE WAS NO REPRESENTATIO N FOR THE APPELLANT DATE OF HEARING 22/01/2019 DATE OF PRONOUNCEMENT 22/01/2019 ITA NOS. 3277/D/2015 CARE INDIA SOLUTIONS 2 IN THE APPEAL FILED BY THE REVENUE BEFORE THE TRIBU NAL, ON THE DATE OF HEARING, NOR ANY COMMUNICATION FOR ADJOURNMENT WAS RECEIVED AS TO WHY THE APPELLANT HAD CHOSEN TO REMAIN ABSENT ON TH AT DATE. THE TRIBUNAL ON THE BASIS OF INHERENT POWERS, TREATED T HE APPEAL FILED BY THE REVENUE AS UN-ADMITTED IN VIEW OF THE PROVISIONS OF RULE 19 OF THE APPELLATE TRIBUNAL RULES, 1963. RESPECTFULLY FOLLOW ING THE SAID DECISION, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR N ON- PROSECUTION. 3. THE ASSESSEE, IF SO DESIRED, SHALL BE FREE T O MOVE BEFORE TRIBUNAL PRAYING FOR RECALLING THE ORDER ON EXPLAINING REASO NS FOR NON-COMPLIANCE ETC. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED FOR NON- PROSECUTION. ORDER PRONOUNCED ON 22.01.2019. SD/- SD/- (PRASHANT MAHARISHI) (BEE NA A PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22/01/2019 *KAVITA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI ITA NOS. 3277/D/2015 CARE INDIA SOLUTIONS 3 DATE 1. DRAFT DICTATED ON 22/01/2019 2. DRAFT PLACED BEFORE AUTHOR 22/01/2019 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 23/01 6. ORDER PRONOUNCED AND UPLOADED 22/01 23/01 7. FILE SENT TO THE BENCH CLERK 23/01 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.