Dev Bhoomi Development Society v. The Addl. CIT, Solan Range, Parwanoo
[Citation -2019-LL-0906-52]

Citation 2019-LL-0906-52
Appellant Name Dev Bhoomi Development Society
Respondent Name The Addl. CIT, Solan Range, Parwanoo
Court ITAT-Chandigarh
Relevant Act Income-tax
Date of Order 06/09/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags service of notice • non-appearance • defective appeal • levy of penalty • cash in excess of prescribed limit • non-rectification of defects
Bot Summary: PAN No: AAATD8836 Appellant Respondent Assessee by : None Revenue by : Shri Aakarshan Singh, Sr.DR ! Date of Hearing : 02.09.2019 Date of Pronouncement : 06.09.2019 ORDER The present appeal has been filed by the assessee wherein the correctness of the order dated 27.08.2018 of CIT(A), Shimla is assailed. At the time of hearing, no one was present on behalf of the assessee. In the second round also, no one was present on behalf of the assessee. The record shows that the notice sent through registered post sent to the assessee on 25.01.2019 has come back unserved with the comment No such company in this address. Sr.DR in the second pass over, referring to the impugned order submitted that after a number of opportunities provided by the CIT(A) as referred to at page 2 of the order, the assessee still failed to address the issues. It is appropriate to address that in the eventuality the assessee undertakes to correct the defects pointed out and ensures representation, the assessee would be at liberty to move an application praying for recall of this order and listing of the appeal for hearing on merits. In the result, the appeal of the assessee is dismissed in limine as defective.


IN INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH SMC CHANDIGARH , BEFORE: SMT. DIVA SINGH, JM ITA No. 1370/CHD/2018 Assessment Year : 2007-08 Dev Bhoomi Development Society, Addl. CIT, SCO 865, Ist Floor, NAC, VS Solan Range, Mani Majra, Chandigarh. Parwanoo. PAN No: AAATD8836 Appellant Respondent Assessee by : None Revenue by : Shri Aakarshan Singh, Sr.DR ! & Date of Hearing : 02.09.2019 Date of Pronouncement : 06.09.2019 ORDER present appeal has been filed by assessee wherein correctness of order dated 27.08.2018 of CIT(A), Shimla is assailed. 2. At time of hearing, no one was present on behalf of assessee. appeal was passed over. In second round also, no one was present on behalf of assessee. record shows that notice sent through registered post sent to assessee on 25.01.2019 has come back unserved with comment No such company in this address . 3. perusal of file shows that certain defects were pointed out by Registry in filing of present appeal on ITA 1370/CHD/2018 A.Y. 2007-08 Page 2 of 3 05.11.2018 wherein one of defects pointed out is that gr ounds of appeal before ITAT not filed . 4. It is seen that since on 27.02.2019 assessee remained unrepresented, another attempt was made by Registry on directions of Co-ordinate Bench to serve notice. following extract of order-sheet is reproduced hereunder: 5. Despite this, assessee has remained unrepresented. 6. ld. Sr.DR in second pass over, referring to impugned order submitted that after number of opportunities provided by CIT(A) as referred to at page 2 of order, assessee still failed to address issues. As result of this, penalty imposed in violation of statutory provisions for transacting in cash exceeding Rs. 20,000/-, penalty was upheld in appeal. 7. I have heard submissions and perused material on record. It is seen that in facts of present case, ITA 1370/CHD/2018 A.Y. 2007-08 Page 3 of 3 assessee has to take any action to address defects pointed out by Registry so much so tha t even Grounds of Appeal assailing order have not been filed. It is seen that appeal of assessee remained defective. Accordingly, in these peculiar facts and circumstances I have no alternative but to dismiss appeal as defective. 8. Before parting, it is appropriate to address that in eventuality assessee undertakes to correct defects pointed out and ensures representation, assessee would be at liberty to move application praying for recall of this order and listing of appeal for hearing on merits. Said order was pronounced in Open Court at time of hearing itself. 9. In result, appeal of assessee is dismissed in limine as defective. Order pronounced in Open Court on 6th Sept.,2019. Sd/- (DIVA SINGH) Judicial Member Copy of order forwarded to : 1 Appellant - 2. Respondent - 3. CIT 4. CIT(A) 5. DR, ITAT, CHANDIGARH 6. Guard File By order, Assistant Registrar Dev Bhoomi Development Society v. Addl. CIT, Solan Range, Parwanoo
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