Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: ARTICLES ON INPUT TAX CREDIT IN VAT :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT RATES :: empanelment :: Central Excise rule to resale the machines to a new company :: TDS :: TAX RATES - GOODS TAXABLE @ 4% :: list of goods taxed at 4% :: VAT Audit :: articles on VAT and GST in India :: due date for vat payment :: ACCOUNTING STANDARDS :: cpt :: form 3cd :: ACCOUNTING STANDARD
 
 
From the Courts »
 Micro Spacematrix Solution P Ltd vs. ITO (ITAT Delhi)
 CIT vs. Greenfield Hotels & Estates Pvt. Ltd (Bombay High Court)
 IndiaBulls Financial Services Ltd vs. DCIT (Delhi High Court)
 Maharao Bhim Singh of Kota vs. CIT (Supreme Court)
 Ravneet Takhar Vs. Commissioner Of Income Tax Ix And Ors.
 Jaiprakash Associates Ltd. Vs. Commissioner Of Income Tax
 Formula One World Championship Limited Vs. Commissioner Of Income Tax, International Taxation-3 And Anr.
 Commissioner Of Income Tax International Taxation-3 Delhi Vs. Formula One World Championship Ltd. And Anr.
 Reliance Communications Ltd vs. DDIT (ITAT Mumbai)
  Sushila Devi vs. CIT (Delhi High Court)
 Ashok Prapann Sharma vs. CIT (Supreme Court)a

Smt. Anjali Tomar, A-29, Shastri Nagar, Meerut Vs. Income-tax Officer, Ward 1(1), Meerut.
November, 23rd 2015
                                          1
                                                                   ITA 5539/Del/2015

            IN THE INCOME TAX APPELLATE TRIBUNAL
                  DELHI BENCH "C" NEW DELHI

          BEFORE SMT. DIVA SINGH: JUDICIAL MEMBER
                              AND
            SHRI O.P. KANT : ACCOUNTANT MEMBER

                         ITA no. 5539 /Del/2015
                         Asstt. Yrs: 2009-10
Smt. Anjali Tomar,                    Vs. Income-tax Officer,
A-29, Shastri Nagar,                       Ward 1(1), Meerut.
Meerut.
PAN: AFYPT 2442 J
( Appellant )                                 (Respondent)

      Appellant by  :          None
      Respondent by :          Shri Yatendra Singh Sr. DR

                   Date of hearing    :       17/11/2015.
                   Date of order      :       20/11/2015.

                         ORDER

PER O.P. KANT, A.M.:



      This appeal, by the assessee, is directed against the order dated 28/03/2014,
passed by the CIT(A), Meerut, for A.Y. 2009-10.


2.    None put in appearance on behalf of the assessee at the hearing despite issue
of notice for hearing, through registered post at the address furnished by the
assessee in column 10 of the memo of appeal in form no. 36. The envelope,
containing the notice of hearing has not been returned unserved. It can, therefore,
safely be presumed that the assessee has been served with the notice of hearing. No
application for adjournment of hearing has been received on behalf of the assessee.
2 ITA 5539/Del/2015 It gives an impression that assessee is not interested in pursuing its appeal. Considering the facts of the case and keeping in view the provisions of rule 19(2) of the Income-tax Appellate Tribunal Rules as were considered in the case of CIT vs. Multiplan India Ltd., (38 ITD 320)(Del), the assessee's appeal is liable to be dismissed for want of prosecution. 3. The Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) has held as under: "if the party, at whose instance the reference is made, fails 'to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference. " 4. Similarly, Hon'ble Punjab & Haryana High Court in the case of New Diwan Oil Mills vs. CIT (2008) 296 ITR 495) returned the reference unanswered since the assessee remained absent and there was not any assistance from the assessee. 5. Their Lordships of Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) held that the appeal does not mean, mere filing of the memo of appeal but effectively pursuing the same.
3 ITA 5539/Del/2015 6. Respectfully following the view taken in the cases cited supra, we dismiss the appeal for non-prosecution. Before parting, we add that in case the assessee is serious in pursuing the appeal filed, then it would be at liberty to pray for a recall of this order by moving an appropriate petition and also by taking appropriate action to correct the defects pointed out. The Co- ordinate Bench considering the petition if so moved, if so satisfied with the explanation and the actions of curing the defects may recall this order. The said order was pronounced in the open Court in the presence of the parties. 7. In the result, the appeal filed by the assessee is dismissed. Order pronounced in open court on 20/11/2015. Sd/- Sd/- ( DIVA SINGH ) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 20/11/2015. *MP* Copy of order to: 1. Assessee 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, New Delhi. 4 ITA 5539/Del/2015 -+ Date Initial 1. Draft dictated on 18-11.2015 PS 2. Draft placed before author 18.11.2015 PS 3. Draft proposed & placed before the second JM/AM member 4. Draft discussed/approved by Second Member. JM/AM 5. Approved Draft comes to the Sr.PS/PS PS/PS 6. Kept for pronouncement on PS 7. File sent to the Bench Clerk PS 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order.
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Contact Us

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions