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 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate

Vijendra Kumar Goel Prop. M/s Goel Garments Gallery, Behind Old Meeranpur Bus Stand, 2/23, Sadar Bazar, Muzaffarnagar Uttar Pradesh vs. DCIT Circle-2 Muzaffarnagar New Delhi
May, 09th 2019
                                      1                 ITA No. 4303/Del/2018

                  DELHI BENCH `SMC', NEW DELHI


                           ITA No.4303/Del/2018
                        Assessment Year: 2015-16

     Vijendra Kumar Goel              DCIT
     Prop. M/s Goel Garments       Vs Circle-2
     Gallery, Behind Old              Muzaffarnagar
     Meeranpur Bus Stand, 2/23,       New Delhi
     Sadar Bazar, Muzaffarnagar
     Uttar Pradesh
     Pin: 251001
     PAN No. AATPG8521D
     (APPELLANT)                          (RESPONDENT)

     Appellant by                     None
     Respondent by                    Sh. S. L. Anuragi, Sr. DR

     Date of hearing:                 08/05/2019
     Date of Pronouncement:           08/05/2019



1.     This appeal filed by the assessee is directed against the
order dated 30/03/2018 of the CIT(A)-Muzaffarnagar relating to
A. Y. 2015-16.

2.     None appeared on behalf of the assessee when the name of

the assessee was called. It was seen from the order sheet entries

that in the last two occasions also, there was no representation

from the side of the assessee despite service of notice through

RPAD by the Registry.         Under these circumstances, I am of the

considered opinion that the assessee is not interested in

prosecuting the appeal filed by him. Therefore, following the

decisions mentioned below, the appeal filed by the assessee is

dismissed for want of prosecution:-

     1. CIT vs. B.N. Bhattachargee & Anr., 118 ITR 461.
     2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480
     3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd, 38
         ITD 320 (Del.).

3.     However, if the assessee, through proper application, can

explain the reasons for such non-appearance, the Tribunal may,

at its discretion, recall this order.

4.       In the result, the appeal filed by the assessee is dismissed

in limine for want of prosecution.

The decision was pronounced in the open court at the time of

hearing itself i.e., on    08.05.2019.

                                                (R.K PANDA)
                                            ACCOUNTANT MEMBER
Date:- 08.05.2019
Copy forwarded to:
1.     Appellant
2.     Respondent
3.     CIT
4.     CIT(Appeals)
5.     DR: ITAT
                                                     ASSISTANT REGISTRAR
                                                       ITAT NEW DELHI
Date of dictation                                        08.05.2019
Date on which the typed draft is placed before the       08.05.2019
dictating Member
Date on which the approved draft comes to the
Date on which the fair order is placed before the
Dictating Member for Pronouncement
Date on which the fair order comes back to the Sr.       08.05.2019
Date on which the final order is uploaded on the            08.05.2019
website of ITAT
Date on which the file goes to the Bench Clerk           08.05.2019
Date on which file goes to the Head Clerk.
The date on which file goes to the Assistant Registrar
for signature on the order
Date of dispatch of the Order

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