Bhagwatilal Rameshchandra Shah v. The Income-tax Officer, Ward-2(2), Surat
[Citation -2016-LL-0926-25]

Citation 2016-LL-0926-25
Appellant Name Bhagwatilal Rameshchandra Shah
Respondent Name The Income-tax Officer, Ward-2(2), Surat
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 26/09/2016
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags registered post
Bot Summary: Notice of hearing was sent by Registered Post with Acknowledgement Due to the assessee on 01.08.2016 fixing the date of hearing on 26.09.2016, which was returned by the Postal Authorities unserved with the remarks left. No change of address has been provided by the assessee. This shows that the assessee is not interested in pursuing with his appeal. In view of the decision of Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 and the decision of Hon'ble Delhi Tribunal in the case of CIT vs. Multiplan India Ltd., 38 ITD 320, I dismiss the appeal of the assessee in limine. The assessee may, if so advised, file an application before this Tribunal for restoration of his appeal and hearing on merits by showing reasonable cause for not appearing before the Tribunal on the date of hearing. The Bench, if so satisfied, may recall its order and restore the appeals to its original number for hearing on merits. In the result, the appeal of the assessee is dismissed in limine.


IN INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER . ITA No. 3108 Ahd 2013 Assessment Year : 2008-09 Bhagwatilal Rameshchandra Shah, Income-Tax Officer, Bhagwati Provision Store, Vs Ward-2(2), Ambe Nagar, Opp. Gujarat Times, Surat Udhna Magdalla Road, Surat PAN : ACFPK 2053 E (Appellant) (Respondent) Assessee by : None Revenue by : Shri Rahul Kumar, Sr DR. Date of Hearing : 26 09 2016 Date of Pronouncement: 26 09 2016 O R D E R This appeal by assessee is directed against order of Commissioner of Income-Tax (Appeals)-II, Surat dated 25.10.2013 for Assessment Year 2008-09. 2. Notice of hearing was sent by Registered Post with Acknowledgement Due to assessee on 01.08.2016 fixing date of hearing on 26.09.2016, which was returned by Postal Authorities unserved with remarks left . No change of address has been provided by assessee. This shows that assessee is not interested in pursuing with his appeal. Therefore, in view of decision of Hon'ble Madhya Pradesh High Court in case of Estate of Late Tukojirao Holkar vs. CWT (1997) 223 ITR 480 (M.P.) and decision of Hon'ble Delhi Tribunal in case of CIT vs. Multiplan India (Pvt.) Ltd., 38 ITD 320 (Delhi), I dismiss appeal of assessee in limine. SMC-ITA No. 3108 Ahd 2013 Bhagwatilal Rameshchandra Shah vs. ITO AY : 2008-09 2 3. assessee may, if so advised, file application before this Tribunal for restoration of his appeal and hearing on merits by showing reasonable cause for not appearing before Tribunal on date of hearing. Bench, if so satisfied, may recall its order and restore appeals to its original number for hearing on merits. 4. In result, appeal of assessee is dismissed in limine. Order pronounced in Court on 26th September, 2016 at Ahmedabad. Sd - R.P. TOLANI (JUDICIAL MEMBER) Ahmedabad; Dated 26 09 2016 *Biju T. Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. Concerned CIT 4. CIT(A) 5. , , DR, ITAT, Ahmedabad 6. Guard file. BY ORDER, TRUE COPY (Dy. Asstt.Registrar) , ITAT, Ahmedabad Bhagwatilal Rameshchandra Shah v. Income-tax Officer, Ward-2(2), Surat
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