Mansi Rastogi v. ITO, Ward-1(4), Ghaziabad
[Citation -2016-LL-0920-16]

Citation 2016-LL-0920-16
Appellant Name Mansi Rastogi
Respondent Name ITO, Ward-1(4), Ghaziabad
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 20/09/2016
Assessment Year 2011-12
Judgment View Judgment
Bot Summary: Neither the assessee was present nor adjournment petition has been moved. The record shows that notice was sent to the assessee on 29th July 2016 at the address given in Column No. 10 in the Memo of Appeals filed. The law assists those who are vigilant and the assessee s non- representation in the background discussed clearly demonstrates that the assessee is not serious in pursuing the present appeal. In the aforementioned facts and circumstances, the assessee s appeal is dismissed in limine. In the said case while dismissing the reference Page 1 of 2 2 ITA No. 567/Del/2016 made at the instance of the assessee in default the Hon ble Court made following observations in their order- If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference. Before parting it is made clear that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing then it may if so advised pray for a recall of this order and after removal of the defects etc. In the result, the appeal of the assessee is dismissed in limine.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC 1 NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .No.-567/Del/2016 (ASSESSMENT YEAR-2011-12) Mansi Rastogi ITO C/o. V. K. Banka & Co., CA. Ward-1(4) 390, GAgan Vihar, Delhi vs Ghaziabad PAN-AIVPR2697B (APPELLANT) (RESPONDENT) Appellant by None Respondent by Sh. Amrit Lal, Sr. DR Date of Hearing 31.08.2016 Date of Pronouncement 20.09.2016 ORDER PER DIVA SINGH, JM present appeal has been filed by assessee assailing correctness of order dated 20th November 2015, of CIT(A)- Ghaziabad pertaining to 2011-12 Assessment Year. 2. However, at time no one was present. appeal was passed over, In second round also, position remained same. Neither assessee was present nor adjournment petition has been moved. record shows that notice was sent to assessee on 29th July 2016 at address given in Column No. 10 in Memo of Appeals filed. It may be noted that right till passing of this order, no request for adjournment etc. has been received. law assists those who are vigilant and assessee s non- representation in background discussed clearly demonstrates that assessee is not serious in pursuing present appeal. In aforementioned facts and circumstances, assessee s appeal is dismissed in limine. Support is drawn from order of 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). In said case while dismissing reference Page 1 of 2 2 ITA No. 567/Del/2016 made at instance of assessee in default Hon ble Court made following observations in their order- If party, at whose instance reference is made, fails to appear at hearing, or fails in taking steps for preparation of paper books so as to enable hearing of reference, court is not bound to answer reference. 3. Before parting it is made clear that in case assessee is able to show that there was reasonable cause for non-representation on date of hearing then it may if so advised pray for recall of this order and after removal of defects etc. request for decision on merits. 4. In result, appeal of assessee is dismissed in limine. order is pronounced in open court on 20th of September 2016. Sd/- (DIVA SINGH) JUDICIAL MEMBER Dated:- 20/09/2016 *R. Naheed/Amit Kumar Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Mansi Rastogi v. ITO, Ward-1(4), Ghaziabad
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