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Income Tax Appellate Tribunal - Amritsar

Vohra Foods Pvt. Ltd., vs Income-Tax Officer,, Ferozepur on 18 April, 2017

                      IN THE INCOME TAX APPELLATE TRIBUNAL
                          AMRITSAR BENCH; AMRITSAR (SMC)

                     BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER

                                  I.T.A. No. 86 (Asr)/2014
                                  Assessment Year: 2010-11
                                     PAN: AABCV1106A

M/s Vohra Foods Pvt. Ltd.                Vs.    Income tax Officer,
Mohan Ke Road, Mandi                            Ward III (1), Ferozepur.
Guruharsahai.
(Appellant)                                     (Respondent)

                          Appellant by:         None
                          Respondent by:        Sh. Rahul Dhawan, DR.
                       Date of hearing: 17.04.2017
                       Date of pronouncement: 18.04.2017

                                               ORDER

PER DIVA SINGH (JM):

The present appeal has been filed by the assessee assailing the correctness of the order dated 21.11.2013 of CIT(A) Ferozepur, pertaining to Asst. Year 2010-11 on various grounds.

2. However, at the time of hearing no one was present on behalf of the assessee, the appeal was passed over. In the second round also, no one was present to explain the reasons justifying the adjournment sought by the counsel on the ground "Since I need some more time and documents to prepare the reply as the accountant of appellant is out of station". The record shows that the assessee filed the appeal on 11th February, 2014 and thereafter it has come up for hearing on almost 24 times wherein apart from the fact that on various dates Bench was not functional it was adjourned every time (i.e. almost 13 times) on the written request of Ld. AR, in these circumstances if the Ld. AR still needs time to argue the appeal on the grounds that the documents have not been made available, it can be safely presumed that the assessee may not be serious in pursuing the appeal filed. Accordingly adjournment application of the assessee is rejected and the appeal of the assessee is dismissed in limine. Support is drawn from the order, in the case of 'CIT Vs. Multiplan India Ltd', reported in 38 ITD 320 [2013] (Del.)

3. In the result of the assessee is dismissed in limine and the dismissing the application of the assessee is dismissed.

Order pronounced in the open court on 18.04.2017.

Sd/-

(DIVA SINGH) JUDICIAL MEMBER Dated: 18.04.2017 Page 1 of 2 ITA No.86(Asr)/2014 Asst. Year 2010-11 /GP/Sr.PS Copy of the order forwarded to:

1. The Assessee:
2. The ACIT,
3. The CIT(A),
4. The CIT,
5. The SR DR, I.T.A.T., True copy By order Page 2 of 2