Preet Builders Pvt. Ltd, Delhi V. ITO, New Delhi

ITA 4326/DEL/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58843 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 20-03-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 22-09-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RENUKA JAIN GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `F : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.4326/DEL./2010 (ASSESSMENT YEAR : 2006-07) PREET BUILDERS PRIVATE LIMITED, VS. ITO, WARD 14( 3), 4348/4C, ANSARI ROAD, NEW DELHI DARYAGANJ, DELHI. (PAN/GIR NO.AAACP0781E) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI RENUKA JAIN GUPTA, SR.DR ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE EMANATES FROM THE ORDER OF THE CIT (A)-XVII, NEW DELHI DATED 07.07.2010, RELEVANT TO ASSESSMENT YEAR 2006-07. 2. DESPITE SENDING NOTICE OF HEARING SUFFICIENTLY I N ADVANCE, ASSESSEE DID NOT APPEAR NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN RECEIV ED AT THE TIME OF HEARING OF THE APPEAL, IN SPITE OF THE FACT THAT EARLIER ALSO ON S EVERAL DATES THE HEARING WAS ADJOURNED DUE TO VARIOUS REASONS INCLUDING AT THE REQUEST OF THE ASSESSEE ITSELF. THUS, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL. 3. HAVING REGARD TO RULE 19(2) OF ITAT RULES, 1963 AND FOLLOWING VARIOUS DECISIONS OF THE TRIBUNAL INCLUDING IN THE CASE OF CIT VS. M ULTIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (DEL.) AND THE JUDGMENT OF HONBLE MADHYA P RADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 I.T.R. 480 (MP), WE TREAT THE APPEAL OF THE ASSESSEE AS UNADMITTED AND DISMISS THE SAME. I.T.A. NO.4326/DEL./2010 (A.Y. : 2006-07) 2 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT SOON AFTER THE CONC LUSION OF THE HEARING ON 20.03.2012. SD/- SD/- (B.C. MEENA) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : MARCH 20, 2012 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-XVII, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT