Upma Shukla Proprietor Troubleshooters, Gurgaon V. ITO, Gurgaon

ITA 4218/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1269 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 29-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MEETA SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C : NEW DELHI) BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.4218/DEL./2015 (ASSESSMENT YEAR : 2009-10) UPMA SHUKLA VS. ITO, WARD 2 (2), PROPRIETOR TROUBLESHOOTERS GURGAON. HOUSE NO.731, SECTOR 9A, GURGAON 122 001. (PAN : ADZPS1670E) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SMT. MEETA SINGH, CIT DR DATE OF HEARING : 05.09.2018 DATE OF ORDER : 05.09.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : THE APPELLANT, UPMA SHUKLA PROPRIETOR TROUBLESHOOTE RS, BY FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 10.02.2015 PASSED BY LD. CIT (A)-I, GURGAON Q UA THE ASSESSMENT YEAR 2009-10. 2. IN THE PRESENT APPEAL, ON 18.06,2018, THE CASE W AS ADJOURNED TO 05.09.2018 ON THE REQUEST OF THE LD. ADVOCATE FO R THE ASSESSEE AND BOTH THE PARTIES WERE INFORMED. ON THE NEXT DA TE OF HEARING ITA NO.4218/DEL./2015 2 I.E. 05.09.2018, NEITHER THE APPELLANT HAS PREFERRE D TO PUT IN HIS APPEARANCE HIMSELF OR THROUGH HIS AUTHORIZED REPRES ENTATIVE NOR SENT ANY REQUEST FOR ADJOURNMENT. SO, IT IS APPARE NT ON RECORD THAT THE APPELLANT IS NOT INTERESTED IN PROSECUTION OF T HE PRESENT APPEAL. 3. KEEPING IN VIEW THE LEGAL POSITION THAT MERE ISS UANCE OF NOTICE DOES NOT AMOUNT TO ADMISSION OF APPEAL AND T HIS ISSUE HAS BEEN SQUARELY DECIDED BY HONBLE ITAT IN THE CASE O F CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL.), THE PRESENT APPEAL IS HEREBY DISMISSED FOR WANT OF PROSECUTION WITH LIBER TY TO THE ASSESSEE TO FILE AN APPLICATION TO RECALL THE ORDER SUBJECT TO DEMONSTRATE THAT HE WAS PREVENTED BY SUFFICIENT CAU SE FROM PUTTING HIS APPEARANCE AT THE TIME OF HEARING. 5. IN VIEW OF ABOVE, APPEAL FILED BY ASSESSEE IS D ISMISSED AS UNADMITTED. ORDER PRONOUNCED IN OPEN COURT ON THIS 5 TH DAY OF SEPTEMBER, 2018. SD/- SD/- (N.K. SAINI) (KULDIP SIN GH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 5 TH DAY OF SEPTEMBER, 2018 TS ITA NO.4218/DEL./2015 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-I, GURGAON. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.