Sh. Mohd. Yaseen Mattoo, Srinagar V. The Income-tax Officer, Srinagar

ITA 497/ASR/2013

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1483 (ITAT-AMRITSAR)
• Duration Of Justice: 5 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-11-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 17-07-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT ME MBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.497(ASR)/2013 ASSESSMENT YEAR:2007-08 SH. MOHD.YASEEN MATTOO, FIRDOUS COLONY, BYE PASS BATAMALOO, SRINAGAR [PAN:ANAPM 7170J] VS. INCOME TAX OFFICER WARD-(2), SRINAGAR. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. CHARAN DASS (DR) DATE OF HEARING: 20.11.2018 DATE OF PRONOUNCEMENT: 27.11.2018 ORDER PER N.K.CHOUDHRY, JM: THE INSTANT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE/AP PELLANT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 22.05.201 3, PASSED BY THE LD. CIT(A), JAMMU, U/S 250(6) OF THE I.T. ACT, 1961 (HER EINAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE, AND NEITHER ANY ADJOURNMENT APPLICATION WAS FILED IN THIS CASE. FROM THE RECORDS, IT IS OBSERVED THAT THE DUE NOTICE FOR THE DATE OF HEARING FOR TODAY WAS ISSUED WHICH WAS SENT THROUGH RPAD AND EVEN THEN NOBO DY HAS APPEARED TODAY. FROM THE ABOVE, IT IS OBSERVED THAT A SSESSEE IS NOT INTERESTED IN PROSECUTION OF HIS APPEAL. THEREFORE, CON SIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE I NCOME-TAX (APPELLATE TRIBUNAL) RULES, 1963, AS WAS CONSIDERED IN THE CASE OF C IT VS. MULTIPLAN ITA NO.497/ASR/2013 (A.Y.2007-08) MO HD. YASEEN MATTO, SRINAGAR VS. ITO 2 INDIA LTD, REPORTED IN 38 ITD 320(DEL.), WE TREAT THIS APPEAL AS UNADMITTED. ACCORDINGLY, THE APPEAL IS DISMISSED FOR WANT OF PROSECUTI ON. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EXPLAINING THE REASONS FOR NON-COMPLIANCE, ET C. AND IF THE BENCH IS SO SATISFIED ABOUT THE REASONS, ETC., IT CAN RECALL THE AB OVE ORDER. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED FO R WANT OF PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 27.11.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:27.11.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. MOHD.YASEEN MATTOO, FIRDOUS COLONY, BYE PASS BATAMALOO, SRINAGAR (2) THE INCOME TAX OFFICERWARD-(2), SRINAGAR (3) THE CIT(A), JAMMU (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER