Ejaz Akhtar, New Delhi V. ITO, New Delhi

ITA 6639/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3576 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 14-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH F, NEW DELHI BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 6639/DEL./2015 ASSESSMENT YEAR: 2011-12 EJAZ AKHTAR, F - 34, 2 ND FLOOR, 6/4, JOGA BAI EXTENSION, OKHLA, NEW DELHI. PAN- AFOPA3121M (APPELLANT) VS. DCIT, CIRCLE 26(1), NEW DELHI. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. ATIQ AHMAD, SR. DR ORDER PER L.P. SAHU, AM: THIS APPEAL BY THE ASSESSEE HAS BEEN DIRECTED AGAI NST THE ORDER OF LD. CIT(A)-10 NEW DELHI DATED 11.09.2015 FOR THE ASSESS MENT YEAR 2011-12. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE THE DATE OF HEARING WAS FIXED ON 24.01.2018 ON THE WRITTEN REQUEST OF THE A SSESSEE AS WELL AS OF THE DEPARTMENTAL REPRESENTATIVE. THE DATE OF HEARING WA S NOTED BY BOTH THE PARTIES. IT, THEREFORE, APPEARS THAT THE ASSESSEE I S NO MORE INTERESTED IN PROSECUTING ITS APPEAL. THEREFORE, THE APPEAL OF TH E ASSESSEE IS LIABLE TO BE DISMISSED IN LIMINE FOR WANT OF PROSECUTION IN VIEW OF THE ORDERS OF T RIBUNAL IN CIT VS. MULTI PLAN INDIA (P) LTD., 38 ITD 320 (DEL. ) AND OF M.P. HIGH COURT IN ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 48 0 (MP). DATE OF HEARING 24.01.2018 DATE OF PRONOUNCEMENT 01 .02.2018 ITA NO. 6639/DEL./2015 2 3. SO BY RESPECTFULLY FOLLOWING THE VIEW TAKEN IN T HE ABOVE DECISIONS, WE DISMISS THIS APPEAL FOR NON-PROSECUTION WITH LIBERT Y TO ASSESSEE THAT HE MAY MOVE APPLICATION TO RECALL THIS ORDER ON SATISFYING THE TRIBUNAL WITH THE SUFFICIENT CAUSE WHICH PREVENTED HIM TO APPEAR ON T HE DATE OF HEARING. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 ST FEB., 2018. SD/- SD/- (BHAVNESH SAINI) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 ST FEB., 2018 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI