Kusum Lata Tanwar, Faridabad V. ITO, Faridabad

ITA 5290/DEL/2013

• Counselvise Citation: 529020114 RSA 2013
• Duration Of Justice: 1 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 18-03-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 23-09-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIKRAM SAHAY

Judgement Text

ITA NO . 5 290 /D EL/ 201 3 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A. NO . 5 290 /DEL/201 3 A.Y. : 2008 - 200 9 KUSUM LATA TANWAR H.NO. 42, GALI NO. 2, WARD NO. 15, PALLA - I, TILPAT, FARIDABAD (PAN: AFHPT7246K) VS . INCOME TAX OFFICER, WARD1(2), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SH. VIKRAM SAHAY, SR.DR DATE OF HEARING: 18 . 0 3 .201 5 DATE OF ORDER : 18 . 0 3 .201 5 ORDER PER H.S. SIDHU : JM TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER DATED 02 . 7 . 201 3 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) , FARIDABAD FOR THE ASSTT. YEAR 2008 - 0 9 . 2. IN THIS CASE THE NOTICE WAS SENT TO THE A SSESSEE FOR HEARING BY REGD. AD POST FOR TODAY I.E. 18 . 3 .201 5 AT THE ADDRESS MENTIONED IN FORM NO. 36 VIDE COLUMN NO. 10 . 3. ON 18 . 3 .201 5 , NEITHER THE ASSESSEE NOR HER AUTHORISED REPRESENTATIVE ATTENDED THE HEARING AND ALSO NOT FILED ANY APPLICATION FOR ADJOURNMENT . IT IS THUS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF HER APPEAL. 4 . HAVING REGARD TO RULE 19(2) OF ITAT RULES AND FOLLOWING VARIOUS DECISIONS OF DELHI BENCH OF THE TRIBUNAL INCLUDING THAT OF MULTIPLAN INDIA LTD. : 38 ITD 320 (DELHI) AND HON BLE MADHYA PRADESH HIGH COURT S DECISION IN ESTATE OF LATE TUKOJIRAO HOLKAR VS. CW T; 223 ITR 480 (MP), ITA NO . 5 290 /D EL/ 201 3 2 WE TREAT TH IS APPEAL AS UNADMITTED AND DISMISS THE SAME. WE MAY LIKE TO CLARIFY THAT SUBSEQUENTLY IF THE ASSESSEE EXPLAINS THE REASONS FOR NON APPEARANCE AND IF THE BENCH IS SO SATISFIED, THE MATTER MAY BE RECALLED FOR THE PURPOSE OF ADJUDICATION OF THE APPEAL. 5 . AS A RESULT, THE A PPEAL OF THE ASSESSEE IS DISMISSED IN LIMINE. 6 . ORDER PRONOUNCED IN THE OPEN COURT SOON AFTER CONCLUSION OF HEARING ON 18 TH MARCH, 201 5 . S D / - S D / - [ T.S. KAPOOR ] [ H.S. SIDHU ] ACCOUNTANT MEMBER JUDICIAL MEMBER SRBHATNAGAR DATE: 18 . 3 .2015 COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES