Mohammad Jilani, Agra v. I.T.O. -1(2), Agra

ITA 209/AGR/2013 | 2008-2009
Pronouncement Date: 29-07-2013 | Result: Dismissed

Appeal Details

RSA Number 20920314 RSA 2013
Assessee PAN AFXPJ9722Q
Bench Agra
Appeal Number ITA 209/AGR/2013
Duration Of Justice 1 month(s) 17 day(s)
Appellant Mohammad Jilani, Agra
Respondent I.T.O. -1(2), Agra
Appeal Type Income Tax Appeal
Pronouncement Date 29-07-2013
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 29-07-2013
Date Of Final Hearing 29-07-2013
Next Hearing Date 29-07-2013
Assessment Year 2008-2009
Appeal Filed On 12-06-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA (SMC) BENCH AGRA BEFORE : SHRI BHAVNESH SAINI JUDICIAL MEMBER ITA NO. 209/AGRA/2013 ASSTT. YEAR : 2008-09 MOHAMMAD JILANI VS. INCOME-TAX OFFICER 16/69 MUNDA PARA SADAR BHATTI 1(2) AGRA. AGRA (PAN:AFXPJ 9722 Q) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI S.D. SHARMA JR. D.R. DATE OF HEARING : 29.07.2013 DATE OF PRONOUNCEMENT OF ORDER : 29.07.2013 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. CIT(A)-I AGRA DATED 18.01.2013 FOR THE ASSESSMENT YEAR 2008- 09. 2. THE ASSESSEE WAS NOTIFIED OF THE DATE OF HEARING THROUGH REGISTERED POST WELL IN ADVANCE AT THE CORRECT ADDRESS. THE REGISTERED C OVER DID NOT RETURN BACK TO THE OFFICE OF THE TRIBUNAL THEREFORE DEEMED TO BE SER VED UPON THE ASSESSEE IN ORDINARY COURSE OF BUSINESS. HOWEVER NONE APPEARED ON BEHA LF OF ASSESSEE AT THE TIME OF HEARING OF APPEAL DESPITE SERVICE OF NOTICE. IT TH EREFORE APPEARS THAT THE ASSESSEE IS NO MORE INTERESTED IN PROSECUTING THE APPEAL. HONB LE SUPREME COURT IN THE CASE OF CIT VS. B.N. BHATTACHARGEE AND ANOTHER 118 ITR 461 (SC) OBSERVED THAT ITA NO. 209/AGRA/2013 2 PREFERRING AN APPEAL MEANS EFFECTIVELY PURSUING IT. HONBLE M.P. HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 22 3 ITR 480(MP) DISMISSED THE REFERENCE FILED BY THE ASSESSEE FOR NOT TAKING NECE SSARY STEPS. SIMILAR VIEW IS TAKEN BY ITAT DELHI BENCH IN THE CASE OF MULTIPLAN INDIA LTD. 38 ITD 320. CONSIDERING THE ABOVE IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THE APPEAL OF THE ASSESSEE IS THEREFOR E DISMISSED IN LIMINE. 3. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) CONCERNED BY ORDER 4. CIT CONCERNED 5. DR ITAT AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY