M/s Baba Nanak Financial Services (P) Ltd., New Delhi V. CIT-I, New Delhi

ITA 5320/DEL/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0555 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-02-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 29-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS ANUSHA KHURANA
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI R.P. TOLANI AND SHRI A.K. GARODIA ITA NO. 5320/DEL/ 10 ASSTT. YR: 2005-06 M/S BABA NANAK FINANCIAL VS. INCOME-TAX OFFICER, SERVICES (P) LTD. WARD 2(3), NEW DELHI. 69, DDA FLATS, IST FLOOR, NEAR SHIV MANDIR, JWALA HERI, PASHIM VIHAR, NEW DLELHI. PAN/ GIR NO. AAACB5459P ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : MRS. ANUSHA KHURANA SR. DR O R D E R PER R.P. TOLANI, J.M : THIS APPEAL, PREFERRED BY THE ASSESSEE, IS DIRECTE D AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX-I, NEW DELHI DATED 1 1-3-2010, RELATING TO A.Y. 2005-06, PASSED U/S 263 OF THE I.T. ACT, 1961 . 2. NONE PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE AT THE HEARING FIXED FOR 03-02-2011 DESPITE PERSONAL KNOWLEDGE OF THE DA TE FOR HEARING AS IS EVIDENT FROM THE ORDER SHEET DATED 1-2-2011, WHEN T HE CASE WAS ADJOURNED TO 3-2-2011 AT THE WRITTEN REQUEST OF THE ASSESSEE. TH IS TIME ASSESSEE HAS NOT CARED EVEN TO APPLY FOR ADJOURNMENT. IT GIVES AN I MPRESSION THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING ITS APPEAL. WE, THEREFORE, HAVE NO OPTION BUT TO DISMISS THE APPEAL PREFERRED BY THE A SSESSEE, PLACING RELIANCE ON THE RATIO OF DECISIONS IN THE FOLLOWING CASES: 2 CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL .); AND LATE TUKOJI RAO HOLKAR 223 ITR 480 (MP). 3. ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 03-02-2011. SD/- SD/- ( A.K. GARODIA ) ( R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 03-02-2011. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR