M/s BMK Sewa Trust, Panipat V. CIT(E), Chandigarh

ITA 6833/DEL/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5895 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 29-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A , NEW DELHI BEFORE SHRI AMIT SHUKLA , JUDICIAL M EMBER AND SH RI O.P. KANT , ACCOUNTANT MEMBER ITA NO .6833 /DE L/ 2015 ASSESSMENT YEAR : NIL BMK SEWA TRUST, GT ROAD, PANIPAT VS. CIT(E),CHANDIGARH PAN : AACTB5226H (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SHRI PRAVEEN KUMAR, SR.DR ORDER PER O.P. KANT, A .M. : THIS APPEAL, BY THE ASSESSEE, IS DIRECTED AGAINST ORDER OF CIT (EXEMPTION) , CHANDIGARH, PASSED U/S 12AA OF THE INCOME - TAX ACT, 1961 . 2. THE PRESENT APPEAL, FOR THE FIRST TIME, CAME UP FOR HEARING ON 23.08.2017, ON WHICH DATE, NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. THE CASE WAS ADJOURNED TO 02.11.2011. ON 02.11.2011, THE CASE WAS AGAIN ADJOURNED TO 28.12.2017 ON THE WRITTEN REQUEST OF ASSESSEE S COUNSEL AND THEREAFTER TO 01.03.2018, 09.05.2018, 25.10.2018. ON THE LAST DATE OF HEARING, I.E., 25.10.2018, THE CASE WAS ADJOURNED TO 14.01.2019, THE DATE, WHICH WAS INFORMED TO BOTH THE PARTIES IN THE OPEN COURT. DESPITE THIS, ON 14.01.2019 , W HEN THE CASE WAS CALLED UPON, NONE TURNED UP ON BEHALF OF THE ASSESSEE, NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN FILED. IT IS, THUS, INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF ITS APPEAL. 3. CONSIDERING THE FACTS OF THE CASE AND KE EPING IN VIEW THE PROVISIONS OF RULE 19(2) OF THE INCOME - TAX (APPELLATE TRIBUNAL) RULES, 1963 AS WERE CONSIDERED IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., (38 ITD 320)(DEL), THE ASSESSEE S APPEAL IS LIABLE TO BE DISMISSED FOR WANT OF PROSECUTION. DATE OF HEARING 14.01.2019 DATE OF PRONOUNCEMENT 14.01.2019 2 ITA NO. 6833/DEL/2015 4. THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480) HAS HELD AS UNDER: 'IF THE PARTY, AT WHOSE INSTANCE THE REFERENCE IS MADE, FAILS 'TO APPEAR AT THE HEARING, OR FAILS IN TAKING STEPS FOR PREPARATION OF THE PAPER BOOKS SO AS TO ENABLE HEARING OF THE REFERENCE, THE COURT IS NOT BOUND TO ANSWER THE REFERENCE. ' 5. SIMILARLY, HON'BLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495) RETURNED THE REFERENCE UNANSW ERED SINCE THE ASSESSEE REMAINED ABSENT AND THERE WAS NOT ANY ASSISTANCE FROM THE ASSESSEE. 6. THEIR LORDSHIPS OF HON'BLE SUPREME COURT IN THE CASE OF CIT VS. B. BHATTACHARGEE & ANOTHER (118 ITR 461 AT PAGE 477 - 478) HELD THAT THE APPEAL DOES NOT MEAN, ME RE FILING OF THE MEMO OF APPEAL BUT EFFECTIVELY PURSUING THE SAME. 7. RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CASES CITED SUPRA, WE DISMISS THE APPEAL FOR NON - PROSECUTION. BEFORE PARTING, WE ADD THAT IN CASE THE ASSESSEE IS SERIOUS IN PURSUING THE A PPEAL FILED, THEN IT WOULD BE AT LIBERTY TO PRAY FOR A RECALL OF THIS ORDER BY MOVING AN APPROPRIATE PETITION AND ALSO BY TAKING APPROPRIATE ACTION TO CORRECT THE DEFECTS, IF ANY, POINTED OUT. THE CO - ORDINATE BENCH CONSIDERING THE PETITION, IF SO SATISFIED WITH THE EXPLANATION AND THE ACTIONS OF CURING THE DEFECTS, MAY RECALL THIS ORDER. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED FOR NON - PROSECUTION. ORDER IS PRONOUN CED IN THE OPEN COURT ON 14 TH JANUARY , 201 9 . SD/ - SD/ - [ AMIT SHUKLA ] [O.P. KANT] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 14 TH J ANUARY, 2019 . RK / - [D.T.D.S] COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI