Vimal Kumar, Narnaul V. ITO, Ward-4(5), Gurugram

ITA 6563/DEL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8693 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 12-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC NEW DELHI BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER ITA NO. 6563/DEL/2018 ASSESSMENT YEAR: 2010-11 VIMAL KUMAR H.NO. 107, WARD NO. 2, REWARI ROAD, NARNUAL, HARYANA. PAN NO. ASXPK6765H VS ITO WARD 4(5) GURUGRAM APPELLANT RESPONDENT ASSESSEE BY NONE REVENUE BY SHRI S.L. ANURAGI, SR. DR ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(APPEALS)-1, GURGAON DATED 16.08.2018 FOR THE AY 2010-11. 2. IN THIS CASE THE NOTICE WAS SENT TO THE ASSESSEE FOR HEARING I.E. ON 08.04.2019 AT THE ADDRESS MENTIONED IN FORM NO. 36 VIDE COLUMN NO. 10. HOWEVER, THE SAME WAS RETURNED BACK WITH THE POSTAL REMARKS INCOMPLETE ADDRESS. 3. NO CHANGE OF ADDRESS HAS PROVIDED BY THE ASSESSE E. 4. FURTHER, IT IS OBSERVED THAT THE REGISTRY HAD IS SUED DEFECT NOTICE ON 23.10.2018 TO REMOVE THE FOLLOWING DEFECT : DATE OF HEARING 08.04.2019 DATE OF PRONOUNCEMENT 08.04.2019 2 ITA NO. 6563/DEL /2018 ITA NO . DATE OF ORDER BRIEF ORDER, MENTIONING REFERENCE 6563/D/18 12/10/2018 1. GROUNDS OF APPEAL BEFORE C IT(A) NOT FILED. 2. COL. NO. 11 IS NOT FILED. 3. APPEAL FEE NOT FILED IN MINOR HEAD 300. THE ASSESSEE HAS NOT REMOVED THE DEFECT POINTED OUT BY THE REGISTRY. THEREFORE, THE APPEAL IS CONSIGNED TO RE CORDS. 5. BEFORE PARTING WITH THE ORDER, I WOULD LIKE TO S TATE THAT THE ASSESSEE AFTER RECTIFYING THE DEFECT POINTED OUT BY THE REGISTRY IN THE INSTANT APPEAL MAY FILE AN APPLICATION TO THE T RIBUNAL FOR RESTORATION OF ITS APPEAL AND THE TRIBUNAL, IF SATI SFIED WITH THE REASONS TO BE SHOWN BY THE ASSESSEE MAY RECALL THE ORDER OF THE TRIBUNAL. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 08/04/2019 SD/- (N.S. SAINI) ACCOUNTANT MEMBER DATED: 08.04.2019 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 6563/DEL /2018 DATE OF DICTATION 08/04/2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 08/04/2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS 08/04/2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 08/04/2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 08/04/2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 09/04/2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 09/0 4/2019 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER