Appeal dismissed under Rule 19 can be recalled by the appellant after showing proper reason of non proseqution

Last updated: 22 June 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
From the judgment it is cleared that the assessee is not interested in the prosecution of this appeal. Considering the facts and keeping in view the provisions of Rule 19 of the Income Tax Appellate Tribunal Rules, as were considered in the cases of CIT vs. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del) and Lt. Tukojirao Holkar , 223 ITR 480 (MP,) we dismiss this appeal of the assessee. The assessee, if so advised, shall be free to move an application before this Tribunal praying for recalling of this order and explaining the reasons for non-prosecution and non-compliance etc. and if the bench is so satisfied about the reasons so stated, then this order may be recalled following a due procedure.

Citation :
Gurinder Singh Sikka, C-23, Preet Vihar, New Delhi. ARQPS6880H (Appellant) Vs. ACIT, Circle 38(1), New Delhi. (Respondent)