Nishchay Foundation, New Delhi V. DIT (Exemptions), New Delhi

ITA 5129/DEL/2010

• Counselvise Citation: 512920114 RSA 2010
• Duration Of Justice: 3 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 22-10-2013
• Assessment Year: misc
• Appeal Filed On: 19-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS RENUKA JAIN GU PTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI R. P. TOLANI, JUDICIAL MEMBER AND SHRI B. C. MEENA, ACCOUNTANT MEMBER I.T.A .NO.-5129/DEL/2010 (ASSESSMENT YEAR-2009-10) NISHCHAY FOUNDATION VS. DIRECTOR OF INCOME TAX SECTOR A, POCKET A (EXEMPTIONS) HQRS. 1093 VASANT KUNJ (E), AAYAKAR BHAWAN NEW DELHI. 110070 DISTT. CENTRE LAXMI NAGAR DELHI-110092 PAN: AAAAN8496J (APPELLANT) (RESPONDENT) ASSESSEE BY:-NONE REVENUE BY:-MRS. RENUKA JAIN GUPTA, SR. DR. ORDER PER R. P. TOLANI, JM. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 22.09.2010 PASSED BY THE LD. DIRECTOR OF INCOME TAX (EXEMPTIONS), DELHI. IT IS A RECALLED MATTER INASMUCH AS THE EARLIER ORDER PASSED BY THE TRIBUNAL WAS SUBSEQUENTLY RECALLED. 2. AT THE THRESHOLD WE NOTE THAT WHEN THIS APPEAL W AS CALLED FOR, NONE APPEARED ON BEHALF OF THE ASSESSEE. WE FIND THAT PR OPER NOTICE OF HEARING HAS 2 ALREADY BEEN GIVEN TO THE ASSESSEE. UNDER THESE CIR CUMSTANCES, IN OUR CONSIDERED OPINION ASSESSEE IS NOT INTERESTED IN PR OSECUTING THE APPEAL. AS SUCH WE HOLD THAT THIS APPEAL IS LIABLE TO BE DISMI SSED FOR NON PROSECUTION. IN THIS REGARD WE PLACE RELIANCE UPON FOLLOWING CASE L AWS: 1. CIT VS. MULTIPLAN INDIA LTD. 38 ITD 320 (DEL) 2. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (M.P.) 3. NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495 ( P& H) 4. CIT VS. B. N. BHATTACHARGEE AND ANOTHER 118 ITR 461(SC) 3. RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CAS ES CITED (SUPRA), WE DISMISS THIS APPEAL FILED BY THE ASSESSEE FOR NON P ROSECUTION. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/11/2013. SD/- SD/- ( B. C. MEENA ) (R. P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22/11/2013 *AK VERMA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTR