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 [Income Tax Act] Faceless Assessment Scheme does not take away right to personal hearing: Delhi High Court

Ganapati Breweries Ltd., UG-03, An Sal Majestic Tower, Plot No.17, G Block, Commercial Complex, Vikas Puri, New Delhi-110018 Vs. ITO, Ward-12(1), New Delhi
September, 23rd 2020

The present appeal has been filed by the assessee assailing the correctness of the order dated 30.03.2015 of CIT(A)-4, New Delhi pertaining to 2004-05 assessment year on various grounds.


2. However, No one was present on behalf of the assessee at the time of hearing, the appeal was passed over twice. Even in the third round, the position remained the same. Neither anyone was present nor any request for adjournment has been placed before us. The record further shows that the notice has been sent to the assessee on 08.07.2016 at the address indicated in Column No.10, despite this the assessee remained unrepresented. The said notice has not been returned as unserved. In the afore-mentioned peculiar facts and circumstances of the case in the absence of any representation on behalf of the assessee or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly 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 Tukojirao Holkar vs. CWT: 223 ITR 480 (M.P).

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