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Non appearance on the date of hearing may cause the appeal dismissed

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Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
The appeal was filed on 08.12.2010 when an acknowledgement cum- notice was served on the bearer under which the appeal was fixed for hearing on 10.02.2011. None attended on that date. Thereafter, another notice dated 07.10.2011 was served on the assessee through the official courier, fixing the hearing on 13.12.2011. When the case was called for hearing on this date, neither anybody attended nor any adjournment was sought. Therefore, it is held that the assessee is not interested in prosecuting the appeal. In such a situation, the appeal is likely to be dismissed in limine, in view of the decision in the case of CIT Vs. Multiplan India (P) Ltd., 38 ITD 320(Del) and Estate of Late Tukajirao Holkar Vs. CWT, 223 ITR 480 (M.P). It is held accordingly.

Citation :
M/s Panwar Roshin & Turpentine,Co. Ltd., E-191, Rishi Nagar, Shakur Basti, New Delhi..Appellant Vs Income-tax Officer,Ward 14(1),New Delhi..Respondent

 

IN THE INCOME TAX APPELLATE TRIBUNAL

DELHI BENCH ‘F’ DELHI

 

BEFORE SHRI R.P. TOLANI AND SHRI K.G. BANSAL

 

ITA No. 5532(Del)/2010

Assessment year: 2007-08

 

M/s Panwar Roshin & Turpentine,

Co. Ltd., E-191, Rishi Nagar,

Shakur Basti, New Delhi.

(Appellant)

 

Vs

Income-tax Officer,

Ward 14(1),

New Delhi.

(Respondent)

 

Appellant by : None

Respondent by : Ms. Y. Kakkar, Sr. D.R

 

Date of hearing: 13.12.2011

Date of pronouncement: 13.12.2011.

 

ORDER

 

PER K.G. BANSAL : AM

 

In this appeal the assessee has taken up six grounds as under:-

 

1. “That on the facts and circumstances of the case, the CIT(A) was not justified in passing ex-parte order on mechanical basis without proper opportunity, application of mind and in total disregard to provisions of section 250(6).

 

2. That on the facts and circumstances of the case, the CIT(A) was not justified in confirming addition of Rs. 2,75,000/- on account of purchases without recording any specific finding.

 

3. That the claim of purchase is fully supported and verifiable and there is no valid basis for addition of Rs. 2,75,000/-.

 

4. That the lower authorities were also not justified in allowing 50% claim of expenses on general and arbitrary basis.

 

5. That purchases and claim of expenses being on the basis of audited books of accounts, there is no case of any presumption or adverse inference relating to correctness and genuineness of claim.

 

6. That the orders of the lower authorities are not justified on facts and same are bad in law.”

 

2. The appeal was filed on 08.12.2010 when an acknowledgement cum- notice was served on the bearer under which the appeal was fixed for hearing on 10.02.2011. None attended on that date. Thereafter, another notice dated 07.10.2011 was served on the assessee through the official courier, fixing the hearing on 13.12.2011. When the case was called for hearing on this date, neither anybody attended nor any adjournment was sought. Therefore, it is held that the assessee is not interested in prosecuting the appeal. In such a situation, the appeal is likely to be dismissed in limine, in view of the decision in the case of CIT Vs. Multiplan India (P) Ltd., 38 ITD 320(Del) and Estate of Late Tukajirao Holkar Vs. CWT, 223 ITR 480 (M.P). It is held accordingly.

 

3. In the result, the appeal is dismissed.

 

                                    Sd/-                                        Sd/-

                             (R.P. Tolani)                          (K.G. Bansal)

                            Judicial Member                 Accountant Member

                                SP Satia

 

Copy of the order forwarded to:-

 

Panwar Roshin &Turpentine Co. Ltd. , New Delhi.

ITO, Ward 14(1), New Delhi.

CIT(A)

CIT

The DR, ITAT, New Delhi.                                                                           Assistant Registrar.

 

Diganta Paul
on 27 December 2011
Published in Income Tax
Views : 1559
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