Lumax DK Auto Industries Ltd., New Delhi V. DCIT, New Delhi

ITA 4057/DEL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53044 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-11-2011
• Assessment Year: 2009-2010
• Appeal Filed On: 06-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KS Y KAKKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D NEW DELHI BEFORE SHRI R.P. TOLANI AND SHRI B.C. MEENA ITA NO. 4057/DEL/2011 ASSTT. YR: 2009-10 LUMAX DK AUTO INDUSTRIES LTD. VS. DCT, CIRCLE 4( 1), B-86, MAYAPURI INDUSTRIAL AREA, NEW DELHI. PHAE-I, NEW DELHI. PAN/GIR NO. AAACL2186L (APPELLANT ) ( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : KS. Y. KAKKAR DR O R D E R PER R.P. TOLANI, J.M : THIS IS ASSESSEES APPEAL AGAINST CIT(A)S ORDER DATED 12-8-2011 RELATING TO A.Y. 2009-10.. 2. NONE PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE AT THE HEARING FIXED FOR 8-11- 2011 DESPITE ISSUE OF NOTICE FOR HEARING THROUGH RE GISTERED POST. THE POSTAL ENVELOPE CONTAINING THE NOTICE OF HEARING HAS NOT BEEN RETUR NED UNSERVED. THUS, IT CAN SAFELY BE PRESUMED THAT ASSESSEE HAS BEEN SERVED WITH NOTICE OF HEARING. NO REQUEST FOR ADJOURNMENT OF HEARING HAS BEEN RECEIVED FROM ASSES SEE. IT GIVES AN IMPRESSION THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING ITS APPEAL. WE, THEREFORE, HAVE NO OPTION BUT TO DISMISS THE APPEAL PREFERRED BY THE ASSESSEE, PLACI NG RELIANCE ON THE RATIO OF DECISIONS IN THE FOLLOWING CASES: CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL .); AND LATE TUKOJI RAO HOLKAR 223 ITR 480 (MP). 3. ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 08-11-2011. SD/- SD/- ( B.C. MEENA ) ( R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08-11-2011. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR