Roshan Jasraj Jain v. ACIT, Central Circle 2 (2), Ahmedabad
[Citation -2016-LL-1007-113]

Citation 2016-LL-1007-113
Appellant Name Roshan Jasraj Jain
Respondent Name ACIT, Central Circle 2 (2), Ahmedabad
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 07/10/2016
Assessment Year 2004-05
Judgment View Judgment
Bot Summary: Notice of hearing was sent by Registered Post with Acknowledgement Due to the assessee on 08.07.2016 fixing the date of hearing on 06.10.2016. The said notice has been served upon the assessee on 11.07.2016 as is evident from the postal acknowledgment slip which is placed on record. When the case was called for hearing, none appeared on behalf of the assessee and neither any adjournment application was filed. 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. SMC-ITA No. 1792/Ahd/2013 Shri Roshan Jasraj Jain vs.ACIT AY : 2004-05 2 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. 1792/Ahd/2013 Assessment Year : 2004-05 Shri Roshan Jasraj Jain, ACIT, Jasvilla, Nr. Spring Valley Vs Central Circle 2 (2), Society, Beside ACE Tennis Ahmedabad Court, B/h. SG Road, Ahmedabad PAN : ABFPJ 3334 E (Appellant) (Respondent) Assessee by : None Revenue by : Smt. Sonia Kumar, Sr DR Date of Hearing : 06/10/2016 Date of Pronouncement: 07/10/2016 O R D E R This appeal by assessee is directed against order of Learned Commissioner of Income Tax (Appeals)-III, Ahmedabad dated 18.03.2013 for Assessment Year 2004-05. 2. Notice of hearing was sent by Registered Post with Acknowledgement Due to assessee on 08.07.2016 fixing date of hearing on 06.10.2016. said notice has been served upon assessee on 11.07.2016 as is evident from postal acknowledgment slip which is placed on record. 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. SMC-ITA No. 1792/Ahd/2013 Shri Roshan Jasraj Jain vs.ACIT AY : 2004-05 2 Multiplan India (Pvt.) Ltd., 38 ITD 320 (Delhi), I dismiss appeal of assessee in limine. 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 7th October, 2016 at Ahmedabad. Sd/- R.P. TOLANI (JUDICIAL MEMBER) Ahmedabad; Dated 07/10/2016 *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 Roshan Jasraj Jain v. ACIT, Central Circle 2 (2), Ahmedabad
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