Income Tax Appellate Tribunal - Delhi
Rajnesh Kumar Agarwal, New Delhi vs Pr. Cit X, New Delhi on 6 May, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH : G : NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
MS SUCHITRA KAMBLE, JUDICIAL MEMBER
ITA No.279/Del/2016
Assessment Year: 2013-14
Rajnesh Kumar Agarwal, Vs. Pr. CIT-X,
116, Devika Tower, New Delhi.
6, Nehru Place,
New Delhi.
PAN: AFQPA1657C
(Appellant) (Respondent)
Assessee by : None
Revenue by : Shri S.S. Rana, CIT, DR
Date of Hearing : 06.05.2019
Date of Pronouncement : 06.05.2019
ORDER
PER R.K. PANDA, AM:
This appeal by the assessee is directed against the order dated 21st December, 2015 passed u/s 263 of the IT Act by the PCIT, Delhi -10, relating to Assessment Year 2013-14.
2. This appeal was fixed for a number of times and was fixed last on 5th March, 2019. However, since none appeared on behalf of the assessee on that date, again notice was sent through RPAD fixing the appeal for hearing on 6th May, 2019. ITA No.279/Del/2016 However, when the name of the assessee was called, none appeared on behalf of the assessee. This type of conduct on the part of the assessee shows that he is not interested in prosecuting the appeal field by him. Therefore, following the decisions mentioned below, the appeal filed by the assessee is dismissed for want of prosecution:-
1. CIT vs. B.N. Bhattachargee & Anr., 118 ITR 461.
2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.).
3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd, 38 ITD 320 (Del.).
3. However, if the assessee, through proper application, explains the reasons for such non-appearance, the Tribunal may, at its discretion, recall this order.
4. In the result, the appeal filed by the assessee is dismissed in limine for want of prosecution.
The decision was pronounced in the open court at the time of hearing itself i.e., on 06.05.2019.
Sd/- Sd/-
(SUCHITRA KAMBLE) (R.K. PANDA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 6th May, 2019
dk
Copy forwarded to
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asstt. Registrar, ITAT, New Delhi
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