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) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
From the Courts »
 Shri Amar Nath Goenka, New Delhi – 110 070. vs. The ACIT, Circle-20(1), New Delhi.
 M/s KSD Charitable Trust, C/o Ganesh Cold, Storage, Meerut VS. Assistant Commissioner of Income Tax, Circle-1,
 Avaya India Pvt. Ltd. 202, Platina, 2nd Floor, Plot No. C-59, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai, Maharashtra. vs. Addl. Cit Special Range-1 New Delhi.
 Sita Bhagi 83, Sukhdev Vihar, New Delhi. vs. ACIT Circle 65(1) New Delhi.
 ACIT vs. Janak Global Resources Pvt. Ltd (ITAT Chandigarh)
 DCIT vs. Rakesh Saraogi & Sons (HUF) (ITAT Raipur)
 FIS Global Business Solutions India Pvt. Ltd vs. PCIT (Delhi High Court)
 DCIT International Taxation, Circle-Noida, Aayakar Bhawan, Sector-24, Noida vs. Jaypee Sports International Ltd., Sector-128, Noida.
 Nokia India Pvt. Ltd., 1st Floor, Tower A, SP Infocity, Industrial Plot No. 243, Udyog Vihar, Phase-1, Dundahera, Gurgaon, Haryana vs. DCIT, Circle 13 (1) New Delhi
 Sh. Nafe Singh Gahlawat, H. No. 1032, Sector-14, Faridabad vs. Income Tax Officer, Ward-II(3), Faridabad
 Dr. Ashok Seth, B-30, Geetanjali Enclave, New Delhi. vs. ACIT, Circle-61(1), New Delhi.

Income Tax Officer (TDS),Income Tax Office,Sector 14 Hisar-125001 VS. Superintendent (DDO),Department of Plant Breeding,C/o Anil Aggarwal & Co., C.A.,22, Green Park, Hisar - 125001
July, 07th 2012
             IN THE INCOME TAX APPELLATE TRIBUNAL
                    DELHI BENCH `G' NEW DELHI

        BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER
                              AND
          SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER

                           I.T.A.No.4820/Del/2011
                          Assessment Year : 2006-07

                           I.T.A.No.4821/Del/2011
                          Assessment Year : 2007-08

                           I.T.A.No.4822/Del/2011
                          Assessment Year : 2008-09

                           I.T.A.No.4823/Del/2011
                          Assessment Year : 2009-10

                           I.T.A.No.4824/Del/2011
                          Assessment Year : 2010-11

Superintendent (DDO),          Vs     Income Tax Officer (TDS),
Department of Plant Breeding,         Income Tax Office,
C/o Anil Aggarwal & Co., C.A.,        Sector 14, Hisar-125001
22, Green Park, Hisar - 125001
(PAN RTKDO2688A)
(Appellant)                             (Respondent)
                               Appellant by: None
                          Respondent by : Smt. Surjan Mohanty, Sr.DR






                                 ORDER

PER CHANDRA MOHAN GARG, JUDICIAL MEMBER

        The above appeals have been filed by the assessee against the order of

CIT(A), Rohtak dated 24.8.2011 pertaining to Asstt. Years 2006-07 to 2010-

2011.
                                      2             ITA No.4820/Del/2011& Ors.


2.    This case was initially fixed for hearing on 5.1.2012 and on the

request of the assessee's counsel was adjourned to 4.7.2012 and both parties

were informed. Today on 4.7.2012, no one was present on behalf of the

assessee nor any request for adjournment was placed before the Bench. Smt.

Mohanty, Senior DR, appeared on behalf of the Revenue at the time of

hearing.

3.    It appears that the assessee is not interested in getting the appeals

prosecuted. Hon'ble Madhya Pradesh High Court in the case of Tukojirao

Holkar Vs CWT 223 ITR 480 (MP), while dismissing the reference made at

the instance of the assessee in default, made the following observations:-

                    "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.    ITAT Delhi Bench `D' in the case of CIT vs Multiplan India (P) Ltd.

38 ITD 320 observed that the provisions of Rule 19 state that mere issue of

notice could not by itself mean that the appeal had been admitted. This rule

only clarifies the position. There might be various reasons with the appellant

to remain absent at the time of hearing. One of the reasons might also be a

desire or absence of need to prosecute the appeal or liability to assist the

Tribunal in a proper manner or to take benefit of vagaries of law.
                                         3            ITA No.4820/Del/2011& Ors.







5.        Respectfully following the precedents, the appeals filed by the

assessee are treated as un-admitted and dismissed in limine. We may like to

clarify that subsequently, if the assessee explains the reasons for non-

appearance and if the Bench is so satisfied, the matter may be recalled for

the purpose of adjudication of the appeal.

6.        In the result, the appeals filed by the assessee are dismissed for non-

prosecution.

          Order pronounced in the open court on 4.7.2012.


      Sd/-                                               Sd/-
 (S.V. MEHROTRA)                               (CHANDRA MOHAN GARG)
ACCOUNTANT MEMBER                                   JUDICIAL MEMBER

DT. 4TH JULY, 2012
`GS'

Copy forwarded to:-

     1.      Appellant
     2.      Respondent
     3.      CIT(A)
     4.      CIT 5. DR                                              By order


                                                                Asstt. Registrar
Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Bath SEO Company Birmingham SEO Company Bradford SEO Company Brighton and Hove SEO Company Bristol SEO Company Cambridge SEO Company Canterbury SEO Company Carlisle SEO Company Chester SEO Company Chichester SEO Company Coventry SEO Compan

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