Shri Praveen Sharma, Delhi v. ITO, New Delhi

ITA 4091/DEL/2016 | 2009-2010
Pronouncement Date: 18-10-2016 | Result: Dismissed

Appeal Details

RSA Number 409120114 RSA 2016
Assessee PAN AWWPS9298L
Bench Delhi
Appeal Number ITA 4091/DEL/2016
Duration Of Justice 2 month(s) 29 day(s)
Appellant Shri Praveen Sharma, Delhi
Respondent ITO, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 18-10-2016
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC 1
Tribunal Order Date 18-10-2016
Date Of Final Hearing 18-10-2016
Next Hearing Date 18-10-2016
Assessment Year 2009-2010
Appeal Filed On 20-07-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-1 : NEW DELHI BEFORE SHRI R.S. SYAL ACCOUNTANT MEMBER ITA NO.4091/DEL/2016 ASSESSMENT YEAR : 2009-10 PRAVEEN SHARMA 388/12 KANHAIYA NAGAR TRI NAGAR DELHI. PAN : AWWPS9298L VS. ITO WARD-40(4) NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY: SHRI N.K. BANSAL SR.DR DATE OF HEARING : 18.10.2016 DATE OF PRONOUNCEMENT: 18.10.2016 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 20.05.2016 IN RELATION TO ASSESSMENT YEAR 2009-10. 2. WHEN THE MATTER WAS CALLED UP FOR HEARING TOD AY NO ONE HAS APPEARED ON BEHALF OF THE ASSESSEE. THE ASSESSEE HAS NOT FIL ED ANY ADJOURNMENT APPLICATION ALSO. THE NOTICE OF HEARING SENT TO THE ASSESSEE TO THE ADDRESS ITA NO.4091/DEL/2016 2 GIVEN IN COLUMN NO.10 OF FORM NO.36 HAS NOT BEEN RE TURNED UNSERVED. IN THESE CIRCUMSTANCES IT APPEARS THAT THE ASSESSEE I S NOT INTERESTED IN PROSECUTING HIS APPEAL. THE APPEAL FILED BY THE ASS ESSEE IS THEREFORE LIABLE TO BE DISMISSED FOR NON-PROSECUTION. OUR ABOVE VI EW FINDS SUPPORT FROM THE FOLLOWING DECISIONS:- 1. CIT VS. B.N. BHATTACHARGEE & ANR. 118 ITR 461 WHE REIN THEIR LORDSHIPS HAVE HELD: THE APPEAL DOES NOT MEAN MERELY FILING OF THE APPE AL BUT EFFECTIVELY PURSUING IT. 2. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 4 80 (M.P.) WHEREIN WHILE DISMISSING THE REFERENCE MADE AT THE INSTANCE OF THE ASSESSEE IN DEFAULT THEIR LORDSHIPS MADE THE FOLLO WING OBSERVATION:- IF THE PARTY AT WHOSE INSTANCE THE REFERENCE IS M ADE FAILS TO APPEAR AT THE HEARING OR FAILS IN TAKING STEPS FOR PREPARATION OF THE REFERENCE THE COURT IS NOT BOUND TO ANSWER THE REFERENCE. 3. COMMISSIONER OF INCOME-TAX VS. MULTIPLAN INDIA (P. ) LTD 38 ITD 320 (DEL.) WHEREIN THE APPEAL FILED BY THE REVENUE BEFORE THE TRIBUNAL WAS FIXED FOR HEARING. BUT ON THE DATE O F HEARING NOBODY REPRESENTED THE REVENUE/APPELLANT NOR ANY COMMUNICA TION FOR ADJOURNMENT WAS RECEIVED. THERE WAS NO COMMUNICATI ON OR INFORMATION AS TO WHY THE REVENUE CHOSE TO REMAIN A BSENT ON THAT DATE. THE TRIBUNAL ON THE BASIS OF INHERENT POWERS TREATED THE ITA NO.4091/DEL/2016 3 APPEAL FILED BY THE REVENUE AS UNADMITTED IN VIEW O F THE PROVISION OF RULE 19 OF THE INCOME-TAX (APPELLATE TRIBUNAL) R ULES 1963. 3. IN THE RESULT THE APPEAL FILED BY THE ASS ESSEE IS DISMISSED FOR NON- PROSECUTION. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 1 8 TH OCTOBER 2016. SD/- (R.S. SYAL) ACCOUNTANT MEMBER DATED: 18 TH OCTOBER 2016. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR ITAT NEW DELHI