Jyoti Ahuja , Moradabad V. DCIT, Circle-2, Moradabad

ITA 8943/DEL/2019

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116090 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-03-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 17-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’ NEW DLEHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 8943/Del/2019 Assessment Year: 2015-16 Mrs. Jyoti Ahuja, Kings Court, Jail Road, Civil Lines, Moradabad. PAN: ADAPA4614P VersuS DCIT, Circle – 2, Moradabad. (Appellant) (Respondent) Appellant by : None Respondent by : Mr. Atiq Ahmad, Ld. Sr. DR Date of hearing: 07.03.2023 Date of order : 07.03.2023 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Assessee against the order dated 14.08.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)- Moradabad (in short “Ld. Commissioner”), u/s. 250(6) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2015-16. ITA No. 8943/Del/2019 2 2. At the outset, we observe that the notices sent for the dates of hearing, including for 07.05.2023, at the address given in form No. 36 have been returned back by the Postal Department with the remarks “काफ तलाश करने के बाद भी ा कता का कोई पता नह ं चला, अतः ेषक को वा पस, meaning thereby after making several efforts the recipient could not be found, hence, returned back to the sender. No alternative or other address has been mentioned by the Assessee for sending notices, hence considering the aforesaid peculiar circumstances, we are constrained to decide this appeal as ex-parte. 3. We also observe that this appeal is time barred by 17 days and there is no application/petition on record qua condonation of delay. Further the impugned order is also incomplete, as the impugned order contains 10 pages, out of which page No. 1 to 4 pertains to Mrs. Jyoti Ahuja (the Assessee herein) whereas remaining pages No. 5 to 10 pertains to Yogendra Pal, Near Amar Ujala Office, Kothiwal Nagar, Moradabad (A.Y. 2015-16, A.No. 298/ACIT-II/MBD/2017-18) passed by Ms. Jeotsnaa Johri, CIT(Appeals), Moradabad. Hence, considering the peculiar facts and circumstances, as the impugned order is incomplete and the appeal is also barred by limitation, we are constrained to dismiss the instant appeal in limine, being defective. ITA No. 8943/Del/2019 3 4. In the result, the appeal filed by the Assessee stands dismissed in limine. Order pronounced in the open court on 07/03/2023. Sd/- Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-