Sh. Vinay Kumar, New Delhi V. ITO, New Delhi

ITA 6289/DEL/2013

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4233 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 06-06-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 27-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 6289/DEL/2013 ASSTT. YEAR: 2005-06 O R D E R PER L.P. SAHU, A.M THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(APPEALS)-XXVIII NEW DELHI VIDE ORDER DATED 16.09.2013 PERTAINING TO ASSESSMENT YEAR 2005-06. 2. ON THE LAST DATE OF HEARING I.E. 8.8.2018, THE CASE WAS FIXED FOR HEARING ON 1.11.2018 ON THE REQUEST OF THE AUTHORISED REPRESENTATIVE. THE ADJOURNMENT APPLICATION DATED 8.8.2018 IS PLACED ON RECORD. VIN AY KUMAR, B-16, MADHUVAN, VIKAS MARG, NEW DELHI 110 092 PAN AHCPK5009N VS. ITO WARD-38(4) NEW DELHI 110 002 (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE DEPARTMENT BY : SMT. NAINA SAIN KAPIL , SR. DR DATE OF HEARING 01/11 /201 8 DATE OF PRONOUNCEMENT 01 / 11 /2018 2 3. HOWEVER, AT THE TIME OF HEARING NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. THE APPEAL WAS PASSED OVER. DESPITE THE SAME, IN THE SECOND ROUND ALSO NO ONE WAS PRESENT. 4. A PERUSAL OF THE RECORD SHOWS THAT THE DATE OF HEARING WAS INTIMATED TO THE ASSESSEE. DESPITE THE SAME NEITHER ANYONE WAS PRESENT NOR ANY REQUEST FOR ADJOURNMENT WAS RECEIVED. FROM THE ABOVE IT IS EVIDENT THAT THE ASSESSEE IS NOT INTERESTED IN THE PROSECUTION OF APPEAL. 5. CONSIDERING THE FACTS AND KEEPING IN VIEW 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 TUKOJI RAO HOLKAR, 223 ITR 480 (MP), WE DISMISS THIS APPEAL FILED BY THE ASSESSEE. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EXPLAINING THE REASONS FOR NON- COMPLIANCE ETC. AND IF THE BENCH IS SO SATISFIED ABOUT THE REASONS ETC., THEN THIS ORDER SHALL BE RECALLED. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 01/11/2018. SD/- SD/- (BHAVNESH SAINI) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 01 /11/2018 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 3 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI