Tilak Raj Anand, New Delhi V. DCIT, New Delhi

ITA 4593/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7248 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 27-06-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-08-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEEPAK GARG SENIOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D : NEW DELHI) BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.4593/DEL./2013 (ASSESSMENT YEAR : 2009-10) SHRI TILAK RAJ ANAND, VS. DCIT, CIRCLE 8 (1), 2 ND FLOOR, HOTEL CONTINENTAL, NEW DELHI. REGAL BUILDING, BEHIND REGAL CINEMA, NEW DELHI 110 001. (PAN : ADRPA4243P) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI DEEPAK GARG, SENIOR DR DATE OF HEARING : 27.06.2016 DATE OF ORDER : 27.06.2016 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : THE APPELLANT, SHRI TILAK RAJ ANAND, BY FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATE D 28.02.2013 PASSED BY LD. CIT (A)-XI, NEW DELHI QUA THE ASSESSM ENT YEAR 2009-10. 2. IN THE PRESENT APPEAL, NOTICE WAS SENT THROUGH R PAD TO THE ASSESSEE FOR HEARING ON 28.03.2016 AND THE CASE WAS ADJOURNED TO ITA NO.4593/DEL./2013 2 27.06.2016 AS THE BENCH WAS NOT FUNCTIONING. THE N OTICE FOR THE NEXT DATE OF HEARING I.E. 27.06.2016 WAS ALSO SENT THROUGH RPAD BUT THE APPELLANT HAS NOT PREFERRED TO PUT IN HIS A PPEARANCE HIMSELF OR THROUGH HIS AUTHORIZED REPRESENTATIVE NOR SENT A NY REQUEST FOR ADJOURNMENT. SO, IT IS APPARENT ON RECORD THAT THE APPELLANT IS NOT INTERESTED IN PROSECUTION OF THE 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 27 TH DAY OF JUNE, 2016. SD/- SD/- (N.K. SAINI) (KULDIP SIN GH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 27 TH DAY OF JUNE, 2016 TS ITA NO.4593/DEL./2013 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XI, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.