Sheela Vaish (Through Legal Heir) v. ITO, Ward 2(2), Bareilly
[Citation -2019-LL-0822-77]

Citation 2019-LL-0822-77
Appellant Name Sheela Vaish (Through Legal Heir)
Respondent Name ITO, Ward 2(2), Bareilly
Court ITAT-Lucknow
Relevant Act Income-tax
Date of Order 22/08/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags non-appearance • non-prosecution • service of notice
Bot Summary: This appeal was taken up for hearing on 19/8/2019, but none has appeared on behalf of the assessee, despite issuance of notice through RPAD, which has not returned unserved. Since the assessee did not appear despite having knowledge of the date of hearing, it appears that the assessee is not interested in prosecuting the appeal. I hold that the appeal is liable to be dismissed for non- prosecution. In this regard, I place reliance upon the following case laws:- 1. Respectfully following the view taken in the cases cited, the appeal filed by the assessee is dismissed for non- prosecution. The assessee may get it revived by showing sufficient cause for non-appearance. In the result, appeal of the assessee stands dismissed.


IN INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH SMC , LUCKNOW BEFORE SHRI. A. D. JAIN, VICE PRESIDENT ITA No.275/LKW/2019 Assessment Year: 2007-08 Smt. Sheela Vaish v. ITO (Through Legal Heir) Ward 2(2) F-91, Preet Vihar Vikas Marg Bareilly New Delhi TAN/PAN:AEWPV7615J (Appellant) (Respondent) Appellant by: None Respondent by: Shri C. K. Singh, D.R. Date of hearing: 19 08 2019 Date of pronouncement: 22 08 2019 ORDER This is assessee s appeal against order of ld. CIT (A), Bareilly, dated 26/2/2019, for assessment year 2007-08. 2. This appeal was taken up for hearing on 19/8/2019, but none has appeared on behalf of assessee, despite issuance of notice through RPAD, which has not returned unserved. Since assessee did not appear despite having knowledge of date of hearing, it appears that assessee is not interested in prosecuting appeal. As such, I hold that appeal is liable to be dismissed for non- prosecution. In this regard, I place reliance upon following case laws:- 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) ITA No.275/LKW/2019 Page 2 of 2 3. Respectfully following view taken in cases cited (supra), appeal filed by assessee is dismissed for non- prosecution. assessee may, however, get it revived by showing sufficient cause for non-appearance. 4. In result, appeal of assessee stands dismissed. Order pronounced in open Court on 22/08/2019. Sd/- [A. D. JAIN] VICE PRESIDENT DATED:22/08/2019 JJ:1908 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR By order Assistant Registrar Sheela Vaish (Through Legal Heir) v. ITO, Ward 2(2), Bareilly
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