Samajothan Gramodyog Samiti, Uttar Pradesh v. ITO, Moradabad

ITA 2912/DEL/2016 | 2011-2012
Pronouncement Date: 30-09-2016 | Result: Dismissed

Appeal Details

RSA Number 291220114 RSA 2016
Assessee PAN AAEAS7463E
Bench Delhi
Appeal Number ITA 2912/DEL/2016
Duration Of Justice 4 month(s) 7 day(s)
Appellant Samajothan Gramodyog Samiti, Uttar Pradesh
Respondent ITO, Moradabad
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2016
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 30-09-2016
Assessment Year 2011-2012
Appeal Filed On 23-05-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC 1 NEW DELHI BEFORE SMT DIVA SINGH JUDICIAL MEMBER ITA NO.-2912/DEL/2016 (A.Y-2011-12) & STAY NO. 285/DEL/2016 (A.Y-2011-12) SAMAJUTDHAN GRAMODHYAOG SAMITI V. SABDALPUR SUMALI P.O OSA MAFI TEHSIL HASANPUR DISTT J. P. NAGAR UTTAR PRADESH AAEAS7463E (APPELLANT) VS ITO WARD-2(2) MORADABAD (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. AMRIT LAL SR. DR ORDER PER DIVA SINGH JM THE PRESENT APPEAL ALONGWITH THE STAY APPLICATION H AS BEEN FILED BY THE ASSESSEE ASSAILING THE CORRECTNESS OF THE ORDER DAT ED 9 TH MARCH 2016 BY CIT(A) MURADABAD. HOWEVER AT THE TIME OF HEARING NO ONE PRESENT ON BEHALF OF THE ASSESSEE . THE APPEAL WAS PASSED OVER. IN THE SEC OND ROUND ALSO THE POSITION REMAINED THE SAME. NEITHER ANY ONE WAS PRESENT NOR REQUEST FOR ADJOURNMENT HAS BEEN PASSED BEFORE THE BENCH. THE RECORD SHOWS THAT THE DEFECT IN SHORTAGE OF TRIBUNAL FEE POINTED OUT BY THE REGISTR Y REMAINS NOT CURED TILL DATE WHICH FACT WAS POINTED OUT BY THE REGISTRY ON 30 TH MAY 2016. THE APPEAL CAME UP FOR HEARING ON 01.06.2016; 29.06.2016 AND 12.07. 2016 AND ON TWO OCCASIONS THE ASSESSEE REMAINED UNREPRESENTED AND O N 29.06.2016 ADJOURNMENT WAS MOVED. TILL DATE THE DEFECT REMAI NS ON RECORD. IN THE ABSENCE OF ANY EFFORTS TO CURE THE DEFECT POINTED O UT BY THE ASSESSEE IN THE AFORE-MENTIONED PECULIAR FACTS AND CIRCUMSTANCES IT CAN BE SAFELY PRESUMED THAT THE ASSESSEE IS NOT SERIOUS IN PURSUING THE AP PEAL FILED. RESPECTFULLY FOLLOWING THE APPEAL OF THE ASSESSEE IS DISMISSED. DATE OF HEARING 31.08.2016 DATE OF PRONOUNCEMENT 30.09.2016 2 ITA NO. 291 2/DEL/2016 & S.A NO. 285/DEL/2016 PAGE 2 OF 2 2. SINCE EVEN IN REGARD TO THE STAY PETITION NO RE PRESENTATION HAS BEEN MADE ON BEHALF OF THE ASSESSEE JUSTIFYING THAT IT B E ALLOWED THE SAME IS ALSO DISMISSED. 3. IN THE RESULT THE APPEAL AND THE STAY PETITION FILED BY THE ASSESSEE BOTH ARE DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30 TH OF SEPTEMBER 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *R. NAHEED/AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI