Sh. Dev Krishan Puri, New Delhi V. ITO, New Delhi

ITA 4180/DEL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53207 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-06-2017
• Assessment Year: 2002-2003
• Appeal Filed On: 16-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH B, NEW DELHI BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 4180/DEL./2011 ASSESSMENT YEAR: 2002-03 DEV KISHAN PURI, AG - 33, SHALIMAR BAGH, NEW DELHI. PAN AAJPP 1170D (APPELLANT) VS. D.C.I.T., CIRCLE - 1, MUZAFFARNAGAR. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. ANIL KUMAR SHARMA, SR. DR ORDER PER L.P. SAHU, A.M.: THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAI NST THE ORDER OF LEARNED CIT(A)-VI, NEW DELHI DATED 06.06.2011 FOR T HE ASSESSMENT YEAR 2002- 03. 2. NONE IS PRESENT ON BEHALF OF THE ASSESSEE DESPIT E THE DATE OF HEARING WAS FIXED FOR 13.11.2017 ON THE WRITTEN REQUEST OF ASSESSEES COUNSEL AND WAS INTIMATED TO BOTH THE PARTIES IN THE COURT ITSELF. AT AN EARLIER OCCASION ALSO, THE PRESENT APPEAL WAS DISMISSED IN DEFAULT VIDE ORDER DATED 16.11.2011, WHICH WAS RESTORED ON THE MISCELLANEOUS APPLICATION OF AS SESSEE VIDE ORDER DATED DATE OF HEARING 13.11.2017 DATE OF PRONOUNCEMENT 13.11.2017 ITA NO. 4180/DEL./2011 2 28.09.2012 AFTER RECALLING THE EXPARTE ORDER OF TRI BUNAL. AT THIS OCCASION ALSO, THERE IS NO REPRESENTATION ON BEHALF OF THE ASSESSE E NOR IS THERE ANY WRITTEN REQUEST FOR ADJOURNMENT ON RECORD. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THEREFORE, TH E APPEAL OF THE ASSESSEE DESERVES TO BE DISMISSED IN LIMINE FOR WANT OF PROSECUTION IN VIEW OF THE ORDERS OF TRIBUNAL IN CIT VS. MULTI PLAN INDIA (P) LTD., 38 ITD 320 (DEL.) AND OF M.P. HIGH COURT IN ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (MP). 3. IN THE RESULT, THE APPEAL IS DISMISSED, AS INDIC ATED ABOVE. ORDER IS PRONOUNCED IN THE OPEN COURT ON 13.11.2017 . SD/- SD/- (BHAVNESH SAINI) (L.P. SA HU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 13.11.2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI