Oracle Farms LLP, New Delhi V. DCIT, New Delhi

ITA 3740/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2374 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 22-05-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 23-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C: NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO.3740/DEL/2016 ASSTT. YEAR: 2012-13 O R D E R PER L. P. SAHU, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(APPEALS)-XXVI, NEW DELHI VIDE ORDER DATED 06.06.2016 PERTAINING TO ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS THERE ANY APPLICATION FOR ADJOURNMENT BEFORE US. WHILE GOING THROUGH THE RECORDS, IT IS SEEN THAT THE PRESENT APPEAL IS ORACLE FARMS LLP, FORMERLY M/S. ORACLE FARMS PVT. LTD. C/O SEKHRI & ASSOCIATES, CA FLAT NO. 104-105, 28, FEROZE GANDHI ROAD, LAJPAT NAGAR-III NEW DELHI 110 024 PAN AAACO7934N VS. DCIT CENT. CIRCLE 16 NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE DEPARTMENT BY : SHRI AMIT KATOCH, SR. DR DATE OF HEARING 11/03 /201 9 DATE OF PRONOUNCEMENT 11 /03/2019 2 RUNNING IN HEARING SINCE LONG ALTHOUGH THE ASSESSEE WAS GRANTED EARLY HEARING ON PRIORITY BASIS ON THE REQUEST OF THE ASSESSEE VIDE ORDER DATED 23.09.2016 ON STAY APPLICATION NO. 447/DEL/2016. HOWEVER, AFTER SEEKING EARLY HEARING, THE ASSESSEE IS DOING NOTHING BUT SEEKING ADJOURNMENTS FOR ONE REASON OR THE OTHER ON VARIOUS OCCASIONS OF HEARING, I.E., ON 8.11.2016, 22.5.2017, 1.8.2017, 23.7.2018, 3.10.2018. THIS SHOWS NON-COOPERATION OF THE ASSESSEE AND ITS DISINTEREST TO GET THE HEARING COMPLETED. 3. FROM THE ABOVE IT IS EVIDENT THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. THEREFORE, CONSIDERING THE FACTS AND KEEPING IN VIEW THE PROVISIONS OF ORDER V RULE 19A OF THE INCOME-TAX APPELLATE TRIBUNAL RULES, AS WERE CONSIDERED IN THE CASES OF CIT VS. MULTIPLAN (INDIA) PVT. LTD., 38 ITD 320 (DEL); AND LATE TUKOJI RAO HOLKAR, 223 ITR 480 (MP), WE DISMISS THIS APPEAL FILED BY THE ASSESSEE IN LIMINE. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH MARCH, 2019. SD/- SD/- (H.S. SIDHU) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11/03/2019 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR 3 ITAT, NEW DELHI