Gurmeet Singh v. ITO, Ward-35(4), New Delhi
[Citation -2016-LL-0922-21]

Citation 2016-LL-0922-21
Appellant Name Gurmeet Singh
Respondent Name ITO, Ward-35(4), New Delhi
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 22/09/2016
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags dismissing the appeal in limine
Bot Summary: In this case the Notice was sent to the Assessee for hearing by Regd. AD Post for today i.e. 22.09.2016 at the address mentioned in Form No. 36 vide Column No. 10, but neither the assessee nor his Authorised Representative attended the hearing and also not filed any application for adjournment. It is thus inferred that the assessee is not interested in prosecution of his appeal in my considered opinion, no useful purpose would be served to send the notice again and again on the same address. Having regard to Rule 19(2) of ITAT Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan Page 1 of 2 India Ltd. : 38 ITD 320 and Hon ble Madhya Pradesh High Court s decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480, I treat this appeal as unadmitted and dismiss the same. I would like to clarify that subsequently if the assessee explains the reasons for non appearance and if the Bench is so satisfied, the matter may be recalled for the purpose of adjudication of the appeal. In the result, the Appeal of the assessee is dismissed in limine.


IN INCOME TAX APPELATE TRIBUNAL DELHI BENCH SMC-2 : NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER ITA No. 2522/Del/2016 A.Y. : 2006-07 GURMEET SINGH, VS. ITO, WARD 35(4), B-63/B2, MIG FLATS, NEW DELHI SHALIMAR BAGH GARDEN EXTN.-2 SAHIBABAD, GHAZIABAD NEAR GOLD PLAZA (UP)-201 005 (PAN: AMNPS5443A) (Appellant) (Respondent) Assessee by : None Department by : Sh. Umesh Chander Dubey, Sr. DR Date of Hearing : 22-09-2016 Date of Order : 22-09-2016 ORDER PER H.S. SIDHU, JM This appeal is filed by Assessee is directed against Order dated 26.2.2013 of Ld. CIT(A)-XXVII, New Delhi relevant to assessment year 2006-07. 2. In this case Notice was sent to Assessee for hearing by Regd. AD Post for today i.e. 22.09.2016 at address mentioned in Form No. 36 vide Column No. 10, but neither assessee nor his Authorised Representative attended hearing and also not filed any application for adjournment. It is thus inferred that assessee is not interested in prosecution of his appeal, therefore, in my considered opinion, no useful purpose would be served to send notice again and again on same address. 3. Having regard to Rule 19(2) of ITAT Rules and following various decisions of Delhi Bench of Tribunal including that of Multiplan Page 1 of 2 India Ltd. : 38 ITD 320 (Delhi) and Hon ble Madhya Pradesh High Court s decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), I treat this appeal as unadmitted and dismiss same. I would like to clarify that subsequently if assessee explains reasons for non appearance and if Bench is so satisfied, matter may be recalled for purpose of adjudication of appeal. 4. In result, Appeal of assessee is dismissed in limine. Order pronounced in Open Court on 22-09-2016. Sd/- [H.S. SIDHU] JUDICIAL MEMBER Date:22/9/2016 SRB hatnagar Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4.CIT (A) 5. DR, ITAT TRUE COPY By Order, Assistant Registrar, ITAT, Delhi Benches Page 2 of 2 Gurmeet Singh v. ITO, Ward-35(4), New Delhi
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