Mr. Pankaj Dua, Gurgaon V. ACIT, New Delhi

ITA 5183/DEL/2011

• Counselvise Citation: 518320114 RSA 2011
• Duration Of Justice: 1 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 13-12-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 21-11-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR KADIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F: NEW DELHI BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER I.T.A. NO.5183/DEL/2011 ASSESSMENT YEAR : 2005-06 MR. PANKAJ DUA, ASSTT. COMMISSIONER OF INCOME-TA X, 426, SECTOR-5, GURGAON. VS. CIRCLE 36(1), NEW DELHI. PAN : AKPPD9635F (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI RAJESH KUMAR KADIA, SR. DR. DATE OF HEARING : 13-12-2012 DATE OF PRONOUNCEMENT : 13-12-2012 O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 23-08-2011 PASSED BY THE LEARNED FIRST APPELLATE AUTHORITY, NE W DELHI ON THE GROUNDS AS MENTIONED IN THE GROUNDS OF APPEAL. 2. AT THE TIME OF HEARING NO ONE WAS PRESENT ON BEH ALF OF THE ASSESSEE NOR ANY REQUEST FOR ADJOURNMENT WAS MOVED. THE REC ORD SHOWS THAT ON THE LAST DATE OF HEARING I.E. ON 16 TH JULY, 2012 THE CASE WAS ADJOURNED TO 13 TH DECEMBER, 2012 ON THE REQUEST OF THE COUNSEL FOR TH E ASSESSEE AND THE NEXT ITA NO.5183/DEL/2011 2 DATE WAS DULY NOTED BY THE LEARNED COUNSEL AS IS EV IDENT FROM RECORD. TODAY I.E. 13 TH DECEMBER, 2012, AT THE TIME OF HEARING THE ASSESSE E NEITHER PRESENTED HIMSELF NOR MOVED ANY ADJOURNMENT PETITIO N. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE HIS APPEAL. S HRI RAJESH KUMAR KADIA, SR. DR APPEARED FOR THE REVENUE. 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 FOR NON-PROSECUTION. THE ASSESSEE, IF SO A DVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS OR DER AND EXPLAINING THE REASONS FOR NON-APPEARANCE ETC. AND IF THE BENCH IS SO SATISFIED ABOUT THE REASONS, THEN THIS ORDER MAY BE RECALLED. 4. FINALLY, THE APPEAL OF THE ASSESSEE IS DISMISSED FOR NON-PROSECUTION. 5. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN T HE PRESENCE OF THE LEARNED SR. DR AT THE CONCLUSION OF THE HEARING ON 13 TH DECEMBER, 2012. SD/- SD/- ( B.C. MEENA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13 TH DECEMBER, 2012. ITA NO.5183/DEL/2011 3 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.