M/s Atambhu Buildwell Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 5183/DEL/2013

• Counselvise Citation: 518320114 RSA 2013
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-07-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 12-09-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y KAKKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A N EW DELHI BEFORE SHRI G.D. AGARWAL , HONBLE VICE PRESIDENT AND SHRI H.S. SIDHU , JUDICIAL MEMBER ITA NO. 5183 / DEL / 201 3 ASSESSMENT YEAR 200 9 - 20 10 M/S. ATAMBHU BUILDWELL (PVT.) LTD., VS. THE INCOM E TAX OFFICER, 208 - 210, 2 ND FLOOR, RECTANGLE - 1, WARD - 2(2), D - 4, SAKET DISTRICT CENTRE, SAKET NEW DELHI - 110002 (PAN AA G C A 3824 K ) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : S HRI Y . KAKKAR , S R. D.R . ORDER PER H.S. SIDHU , J . M : 1. THE ASSESSEE HAS FILED PRESENT APPEAL AGAINST THE IMPUGNED ORDER DATED 26 . 1 2.201 2 PASSED BY THE LD. CIT(A) - V, NEW DELHI. 2. THE AFORESAID APPEAL CAME UP FOR HEARING ON BENCH ON 04.03.2014 AND O N THE WRITT EN REQUEST DATED 04.03.2014 MADE BY THE ASSESSEE, BENCH ADJOURNED THE CASE OF THE ASSESSEE FOR 31.07.2014 AND THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE NOTED DATE I.E. 31.07.2014 ALSO. WHEN THIS CASE CAME UP BEFORE THE BENCH ON 31.07.2014 , NEITHER THE ASSESSEE NOR HIS AUTHORIZED REPRESENTATIVE APPEARED BEFORE THE TRIBUNAL TO PROSECUTE THE MATTER IN DISPUTE OR FILE ANY APPLICATION FOR ADJOURNMENT. ITA NO. 5183 / DEL ./2 01 3 2 3. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE , WE ARE OF THE VIEW THAT ASSESSEE IS NOT INTERESTED TO PROSECUTE THIS MATTER IN DISPUTE. KEEPING IN VIEW OF THE PROVISIONS 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., 38 ITD 320 (DEL) ; AND LATE TUK OJI RAO HOLKAR, 223 ITR 480 (MP), WE DISMISS THIS APPEAL FILED BY THE ASSESSEE FOR NON PROSECUTION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AS PER LAW. 4 . IN THE RESULT, THE APPEAL OF THE ASSES SEE IS DISMISSED . THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 01 .0 8 .2014 SD/ - SD/ - ( G.D. AGARWAL ) ( H.S. SIDHU ) VICE PRESIDENT JUDICIAL MEMBER DATED 01 .0 8 .2014 A KS* COPY OF THE ORDER FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, ASSISTANT REGISTRAR