Purnendu Ajit Pani v. The ACIT, Range-6, Surat
[Citation -2016-LL-1006-39]

Citation 2016-LL-1006-39
Appellant Name Purnendu Ajit Pani
Respondent Name The ACIT, Range-6, Surat
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 06/10/2016
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags dismissing the appeal in limine
Bot Summary: Notice of hearing was sent by Registered Post with Acknowledgement Due to the assessee on 22.07.2016 fixing the date of hearing on 05.10.2016. When the case was called for hearing, none appeared on behalf of the assessee and neither any adjournment application was filed. 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 appeal 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. 1192/Ahd/2013 Assessment Year : 2009-10 Shri Purnendu Ajit Pani, ACIT, 36, Krishnadham Society, Vs Range-6, B/h. Piplod Jakatnaka, Surat Piplod, Surat - 394010 PAN : AKQPP 6778 C (Appellant) (Respondent) Assessee by : None Revenue by : Smt. Sonia Kumar, Sr DR Date of Hearing : 05/10/2016 Date of Pronouncement: 06/10/2016 O R D E R This appeal by assessee is directed against order of Learned Commissioner of Income Tax (Appeals)-I, Surat dated 04.02.2013 for Assessment Year 2009-10. 2. Notice of hearing was sent by Registered Post with Acknowledgement Due to assessee on 22.07.2016 fixing date of hearing on 05.10.2016. said notice has not been returned back by postal authorities unserved. When case was called for hearing, none appeared on behalf of assessee and neither any adjournment application was filed. 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. 1192/Ahd/2013 Shri Purnendu Ajit Pani vs. ACIT AY : 2009-10 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 appeal to its original number for hearing on merits. 4. In result, appeal of assessee is dismissed in limine. Order pronounced in Court on 6th October, 2016 at Ahmedabad. Sd/- R.P. TOLANI (JUDICIAL MEMBER) Ahmedabad; Dated 06/10/2016 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 Purnendu Ajit Pani v. ACIT, Range-6, Surat
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