M/s. Anamyaee Infratech Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 7033/DEL/2014

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3890 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 29-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVI KANT GUPTA SENIOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A : NEW DELHI) BEFORE HONBLE PRESIDENT, SHRI G.D. AGRAWAL AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.7033/DEL./2014 (ASSESSMENT YEAR : 2010-11) M/S. ANAMYAEE INFRATECH PVT. LTD., VS. ITO, WARD 1 (4), C 291, GALI NO.8, BHAJAN PURA, NEW DELHI. DELHI 110 053. (PAN : AAHCA7083M) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI RAVI KANT GUPTA, SENIOR DR DATE OF HEARING : 06.02.2018 DATE OF ORDER : 06.02.2018 O R D E R PER G.D. AGRAWAL, PRESIDENT : THE APPELLANT, M/S. ANAMYAEE INFRATECH PVT. LTD., B Y FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNE D ORDER DATED 30.10.2014 PASSED BY LD. CIT(APPEALS)-IV, NEW DELHI QUA THE ASSESSMENT YEAR 2010-11. 2. IN THE AFORESAID APPEAL, THE CASE WAS ADJOURNED ON 18.09.2017 AT THE REQUEST OF THE DEPARTMENT TO 05.1 2.2017 AND BOTH THE PARTIES WERE INFORMED IN THE OPEN COURT. ON 05.12.2017, ITA NO.7033/DEL./2014 2 THE BENCH WAS NOT FUNCTIONING ON THAT DAY, HENCE TH E MATTER WAS ADJOURNED TO 06.02.2018. THE NOTICE FOR NEXT DATE O F HEARING I.E. 06.02.2018 WAS SENT THROUGH RPAD ON 08.01.2018 BUT THE APPELLANT HAS NOT PREFERRED TO PUT IN HIS APPEARANC E ITSELF OR THROUGH ITS AUTHORIZED REPRESENTATIVE NOR SENT ANY REQUEST FOR ADJOURNMENT. SO, IT IS APPARENT ON RECORD THAT THE APPELLANT IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL. 3. KEEPING IN VIEW THE LEGAL POSITION THAT MERE ISS UANCE OF NOTICE DOES NOT AMOUNT TO ADMISSION OF APPEAL AND T HIS ISSUE HAS BEEN SQUARELY DECIDED BY THE TRIBUNAL IN THE CASE O F CIT VS. MULTIPLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL.), THE PRESENT APPEAL IS HEREBY DISMISSED FOR WANT OF PROSECUTION WITH LIBER TY TO THE ASSESSEE TO FILE AN APPLICATION TO RECALL THE ORDER SUBJECT TO DEMONSTRATE THAT HE WAS PREVENTED BY SUFFICIENT CAU SE FROM PUTTING HIS APPEARANCE AT THE TIME OF HEARING. 5. IN VIEW OF ABOVE, APPEAL FILED BY ASSESSEE IS D ISMISSED AS UNADMITTED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT ON THIS 06 TH DAY OF FEBRUARY, 2018. SD/- SD/- (KULDIP SINGH) (G.D. AGRAWAL) JUDICIAL MEMBER PRESIDENT DATED THE 06 TH DAY OF FEBRUARY, 2018 TS ITA NO.7033/DEL./2014 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-30, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.