R. Vijay Kumar v. Deputy Commissioner of Income-tax, Central Cir-2, Ernakulam
[Citation -2016-LL-0927-32]

Citation 2016-LL-0927-32
Appellant Name R. Vijay Kumar
Respondent Name Deputy Commissioner of Income-tax, Central Cir-2, Ernakulam
Court ITAT-Cochin
Relevant Act Income-tax
Date of Order 27/09/2016
Assessment Year 2009-10
Judgment View Judgment
Bot Summary: On 27.09.2016, when the case was called for hearing none appeared on behalf of the assessee. No adjournment application was filed by the assessee. In the circumstances, it appears that the assessee is not interested in pursuing the 1 ITA No.242/C/2016 appeal, and no useful purpose would be served by adjourning the hearing. Considering these facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules, as were considered in the case of Multiplan India, reported in 38 ITD 320 and in view of the decision of the Madhya Pradesh High Court in the case of Estate of Late Tukoji Rao Holkar, reported in 223 ITR 480, we dismiss the appeal in limine. If the assessee on a later stage gives explanation in regard to its non-appearance before the Tribunal on the date of hearing before the Tribunal by filing a Miscellaneous Application as per the ITAT Rules and if the Bench is so satisfied the appeal of the assessee can be recalled for hearing on merit. 3 In the result, the appeal filed by the assessee is dismissed. Guard File By order Assistant Registrar ITAT, COCHIN 2 ITA No.242/C/2016 1 Date of dictation 27/09/2016 2 Dt on which the typed draft is placed before the dictating Member 27/09/2016 3 Dt on which the approved draft comes to the Sr PS/PS 4 Dt on which the fair order is placed before the dictating Member 5 Dt of pronouncement 6 Dt on which the file goes to the Bench Clerk 7 Dt on which the file goes to the Head Clerk 8 Dt on which the file goes to AR 9 Dt of dispatch of the order 3..


ITA No.242/C/2016 IN INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH KOCHI BEFORE S/SHRI B P JAIN, AM & GEORGE GEORGE K, JM ITA No 242/Coch/2016 (Asst Year 2009-10) R. Vijay Kumar, Vs Deputy Commissioner of Income M/s. ASA & Associates LLP, Tax,Central Cir-2, Chartered Accountants, Ernakulam. 207-208, 2nd Floor, Marine Drive, Kochi 682 031 ( Appellant) (Respondent) PAN No. AESPK7782F Assessee By None Revenue By Sh Dhanaraj, Sr DR Date of Hearing 27th Sept 2016 Date of pronouncement 27th Sept 2016 ORDER PER GEORGE GEORGE K, JM: This appeal, at instance of assessee, is directed against CIT(A)s order dated 4.02.2016. relevant assessment year is 2009-10. 2 This case was earlier fixed for hearing on 25.08.2016, however, same was adjourned to 27.09.2016 and parties were accordingly informed. On 27.09.2016, when case was called for hearing none appeared on behalf of assessee. No adjournment application was filed by assessee. In circumstances, it appears that assessee is not interested in pursuing 1 ITA No.242/C/2016 appeal, and no useful purpose would be served by adjourning hearing. Considering these facts and keeping in mind provisions of Rule 19(2) of ITAT Rules, as were considered in case of Multiplan India, reported in 38 ITD 320 (Del) and in view of decision of Madhya Pradesh High Court in case of Estate of Late Tukoji Rao Holkar, reported in 223 ITR 480, we dismiss appeal in limine. However, if assessee on later stage gives explanation in regard to its non-appearance before Tribunal on date of hearing before Tribunal by filing Miscellaneous Application as per ITAT Rules and if Bench is so satisfied appeal of assessee can be recalled for hearing on merit. 3 In result, appeal filed by assessee is dismissed. Order pronounced in open Court on this 27th day of Sept 2016. Sd/- Sd/- ( B P JAIN ) ( GEORGE GEORGE K) Accountant Member Judicial Member Cochin: Dated 27th Sept 2016 VM, Sr. PS Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT, 5. DR 6. Guard File By order Assistant Registrar ITAT, COCHIN 2 ITA No.242/C/2016 1 Date of dictation 27/09/2016 2 Dt on which typed draft is placed before dictating Member 27/09/2016 3 Dt on which approved draft comes to Sr PS/PS 4 Dt on which fair order is placed before dictating Member 5 Dt of pronouncement 6 Dt on which file goes to Bench Clerk 7 Dt on which file goes to Head Clerk 8 Dt on which file goes to AR 9 Dt of dispatch of order 3 R. Vijay Kumar v. Deputy Commissioner of Income-tax, Central Cir-2, Ernakulam
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