Smt. Sashi Sial, Faridabad V. ITO, New Delhi

ITA 5105/DEL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58476 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2012
• Appeal Filed By: Assessee
• Bench Allotted: G
• Assessment Year: 2003-2004
• Appeal Filed On: 16-11-2011
• Court: TRIBUNAL
• Department Lawyers: S MOHANTHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G: NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI K.D. RANJAN, ACCOUNTANT MEMBER I.T.A.NO.5105/DEL/2011 ASSESSMENT YEAR : 2003-04 SMT. SHASHI SIAL, INCOME-TAX OFFICER, PROP. M/S. RITU WEAR, VS. WARD 22(4), NEW DELHI. 20/1, SECTOR 37, OLD SHER SHAH SURI ROAD, FARIDABAD, HARYANA. PAN: AQXPS5166J (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MS. S. MOHANTHY, D R O R D E R PER K.D. RANJAN, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE FOR ASSESSMENT YEAR 200 3-04 ARISES OUT OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEAL S)-XXV, NEW DELHI. 2. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. A PERUSAL OF THE RECORD SHOWS THAT THE DATE OF HEARIN G WAS INTIMATED TO THE ASSESSEE. DESPITE THE SAME NEITHER ANYONE WAS PRES ENT NOR ANY REQUEST FOR ADJOURNMENT WAS RECEIVED. FROM THE ABOVE IT IS EVID ENT THAT THE ASSESSEE IS NOT INTERESTED IN THE PROSECUTION OF APPEAL. MS. S . MOHANTHY, SR. DR APPEARED FOR THE REVENUE. 2 3. CONSIDERING THE FACTS AND KEEPING IN VIEW THE PR OVISIONS OF ORDER V RULE 19A OF THE INCOME-TAX APPELLATE TRIBUNAL RULES , AS WERE CONSIDERED IN THE CASES OF CIT VS. MULTIPLAN (INDIA) PVT. LTD., 3 8 ITD 320 (DEL); AND LATE TUKOJI RAO HOLKAR, 223 ITR 480 (MP), WE DISMISS THI S APPEAL FILED BY THE ASSESSEE. THE ASSESSEE, IF SO ADVISED, SHALL BE FRE E TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EXPLAINING THE REASONS FOR NON- COMPLIANCE ETC. AND IF THE BENCH IS SO SATISFIED AB OUT THE REASONS ETC., THEN THIS ORDER SHALL BE RECALLED. 4. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N THE DATE OF HEARING ITSELF I.E. ON 18 TH JANUARY, 2012. SD/- SD/- (DIVA SINGH) (K.D. RANJAN) JUDICIAL MEMBER ACOUNTANT MEMBER DATED: 18 TH JANUARY, 2012. COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.