Raj Kumar Mangla, Gurgaon V. ACIT, Gurgaon

ITA 557/DEL/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 6593 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 03-07-2015
• Assessment Year: 1990-1991
• Appeal Filed On: 01-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BANITA DEVI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH I : NEW DELHI) SMT. DIVA SINGH, JUDICIAL MEMBER AND BEFORE SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NOS.553 TO 555/DEL./2011 (ASSESSMENT YEARS : 1989-90 TO 1991-92) ITA NOS.556 TO 558/DEL./2011 (ASSESSMENT YEARS : 1989-90 TO 1991-92) SHRI RAJ KUMAR MANGLA, VS. ACIT (INV. CIRCLE), HOUSE NO.584/3, ROSHAN PURA, GURGAON. GURGAON 122 001 (HARYANA). (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS. BANITA DEVI, DR O R D E R PER BENCH : THE ASSESSEE HAS FILED THESE SIX APPEALS AGAINST TH E ORDER OF CIT (APPEALS)-XXV, NEW DELHI DATED 12.01.2011 AND 7.10. 1996 FOR THE ASSESSMENT YEARS 1989-90 TO 1991-92. 2. TODAY I.E. ON 07.06.2011 WHEN THE CASE WAS CALLE D ON BOARD, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY REQUEST FOR ADJOURNMENT HAS BEEN FILED BEFORE THE TRIBUNAL. IT SEEMS THAT THE ASSE SSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL; HENCE, THE APPEAL FILED BY THE ASSESSEE IS LIABLE TO BE UNADMITTED AND DISMISSED, FOR NON-PROSECUTION. THE LAWS ASSIST THOSE WHO ARE ITA NO.553 TO 558/DEL./2011 2 VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. CONSIDERING THESE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19 (2) OF THE ITAT RULES, AS WERE CONSIDERED IN THE CASE OF MULTIPLAN INDIA, REP ORTED IN 38 ITD 320 (DEL) AND IN VIEW OF THE DECISION OF THE MADHYA PRADESH H IGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR, REPORTED IN 223 I TR 480, WE DISMISS THIS APPEAL IN LIMINE. THE ASSESSEE, IF SO ADVISED, SHA LL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THE ORDER AND EXP LAINING THE REASONS ETC. FOR NON-COMPLIANCE AND IF THE BENCH IS SO SATISFIED ABO UT THE REASONS ETC., THEN THIS ORDER MAY BE RECALLED. 3. IN THE RESULT, ALL THE SIX APPEALS OF TH E ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 7 TH DAY OF JUNE, 2011. SD/- SD/- (DIVA SINGH) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 7 TH DAY OF JUNE, 2011 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT (A)-XXV, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.