Mr. Gobind Ram Mahendru, Delhi V. ITO, New Delhi

ITA 910/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96902 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 04-08-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 17-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR ANJULA JAIN
• Assessee Lawyers: SATISH AGGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC - I NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO. - 910 /DEL/201 4 (ASSESSMENT YEAR - 20 02 - 03 ) GOBIND RAM MAHENDRU, 123, BHERA ENCLAVE, PASHCHIM VIHAR, DELHI - 110087. PAN - AEAPR7318J (APPELLANT) VS ITO, WARD - 25(3), NEW DELHI (RESPONDENT ) APPELLANT BY SH.SATISH AGGARWAL, CA RESPONDENT BY DR.ANJULA JAIN, SR.DR ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ASSAILING THE CORRECTNESS OF THE ORDER DATED 18.11.2013 OF CIT(A) - XVII, NEW DELHI PERTAINING TO 20 02 - 03 ASSESSMENT YEAR. 2. HOWEVER, AT THE TIME OF HEARING , AN ADJOURNMENT PETITION WAS MOVED BY THE LD.AR. THE RECORD SHOWS THAT THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ON 17.02.2014. THE HEARING WAS FIXED ON 25.06.2015 BY ISSUANCE OF NOTICE ON 26.05.2015. ON THE SAID DATE ADJOURNMENT WAS SOUGHT WHICH WAS GRANTED. AGAIN ON T HE NEXT DATE THE PRESENT ADJOURNMENT IS MOVED. THE LD.AR ON QUERY WAS UNABLE TO EXPLAIN THE REASONS FOR SEEKING TIME. IN THESE PECULIAR FACTS AND CIRCUMSTANCES, IT IS CONSIDERED THAT THE ASSESSEE APPARENTLY IS NOT SERIOUS IN PURSUING THE PRESENT APPEAL. IN THE CIRCUMSTANCES, THE ONLY ALTERNATIVE LEFT IS TO DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE. SUPPORT IS DRAWN FROM THE ORDER OF THE TRIBUNALS IN COMMISSIONER OF INCOME - TAX VS. MULTI PLAN INDIA (P) LTD.; 38 ITD 320 (DEL) AND ESTATE OF LATE TUKOJIRA O HOLKAR VS. CWT: 223 ITR 480 (M.P). INCASE THE ASSESSEE IS ABLE TO EXPLAIN THE REASONS FOR N OT BEING READY TO ARGUE LIBERTY TO PRAY FOR A RECALL OF THIS ORDER IS GRANTED. DATE OF HEARING 04 .0 8 .2015 DATE OF PRONOUNCEMENT 04 .0 8 .2015 I.T.A .NO. - 9 10 / DEL/201 4 PAGE 2 OF 2 4. AS A RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 04 TH OF AUGUST , 2015. S D / - (DIVA SINGH) JUDICIAL MEMBER DATED: 04/08 /2015 * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI