M/s. Total Integrated Design (India) Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 4953/DEL/2015

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4458 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2006-2007
• Appeal Filed On: 31-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY GOYAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SH. R.K PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.4953/DEL/2015 ASSESSMENT YEAR: 2006-07 TOTAL INTEGRATED DESIGN (INDIA) PVT. LTD. LGF-7A, MANDAKINI NRI COMPLEX, GREATER KAILASH-IV, NEW DELHI -110019 PAN NO. AAACT3502B VS ACIT CIRCLE 16 (1) C. R. BUILDING NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY NONE REVENUE BY SH. SANJAY GOYAL, CIT. DR DATE OF HEARING: 20 /0 3 /201 9 DATE OF PRONOUNCEMENT: 20/03/2019 ORDER PER R.K. PANDA, AM: 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 27.01.2015 OF THE CIT(A)-9, NEW DELHI, RELATI NG TO A. Y. 2006- 07. 2. THIS APPEAL WAS LAST FIXED FOR HEARING ON 12.02. 2019 AND AT THE REQUEST OF LD. COUNSEL FOR THE ASSESSEE THE CASE WA S ADJOURNED TO 20.03.2019. HOWEVER, WHEN THE NAME OF THE ASSESSEE WAS CALLED NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICAT ION SEEKING ADJOURNMENT WAS FILED. THIS TYPE OF CONDUCT ON THE PART OF THE ASSESSEE SHOWS THAT IT IS NOT INTERESTED IN PROSECU TING THE APPEAL FILED BY IT. WE, THEREFORE, DISMISS THE APPEAL PREFERRED BY THE ASSESSEE FOR ITA NO.4953/DEL/2015 2 NON PROSECUTION BY PLACING RELIANCE ON THE RATIO OF DECISION IN THE FOLLOWING CASES :- 1. CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL ); 2. LATE TUKOJI RAO HOLKAR VS. CWT (1996) 223 ITR 480 ( MP) 3. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICAT ION CAN SATISFY THE BENCH FOR NON APPEARANCE ON THE APPOINTED DATE, THE TRIBUNAL, AT ITS DISCRETION MAY RECALL THE ORDER. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. THE ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 20.03.2019 . SD/- SD/- (SUCHITRA KAMBLE) (R.K PANDA) JUDICIAL MEMBER ACCOUNTAN T MEMBER *NEHA* DATE:- .03.2019 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 20.03.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 20.03.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 20.03.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 20.03.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 20.03.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 20.03.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER ITA NO.4953/DEL/2015 3