Income Tax Appellate Tribunal - Delhi
Devinder Pal Singh Kohli, New Delhi vs Acit, New Delhi on 21 June, 2017
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IN THE INCOME TAX APPELLATE TRIBUNAL
[ DELHI BENCHES: "B" NEW DELHI ]
BEFORE SHRI I. C. SUDHIR, JUDICIAL MEMBER
AND SHRI L. P. SAHU, ACCOUNTANT MEMBER
I.T. Appeal Nos. 1665 & 1666/Del/2014
Assessment Years : 2008-09 & 2009-10
Shri Devinder Pal Singh Kohli, Asstt. Commissioner
C/o. Shri Rakesh Chadha, C. A.; Vs. of Income Tax,
E-95/2, Naraina Vihar, Circle : 11,
N e w D e l h i - 110 028. New Delhi.
PAN : APRPK 9704 M
(Appellant) (Respondent)
Assessee by : N O N E;
Department by : Shri Anil Kumar Sharma, Sr. D. R.
Date of Hearing : 02.05.2017
Date of Pronouncement : 21.06.2017
O R D E R.
PER I. C. SUDHIR, J. M. :
Both the above appeals have been preferred by the assessee. These
were time barred and applications for condonation of delay along with
affidavits were filed. These appeals were first listed for hearing on
05.04.2016 on which date the same were adjourned to 26.07.2016 due
to non-functioning of the Bench. On 26.07.2016, nobody appeared on
behalf of the assessee and both the appeals were adjourned to
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07.11.2016 with a direction to the Registry that "Issue Notice by RPAD.
On 07.11.2016 both the cases were adjourned to 06.02.2017. On
07.11.2016 and 06.02.2017 as the Bench did not function, both the
appeals were adjourned to 02.05.2017 and the notice fixing the date was
issued by Speed Post.
2. Notice of hearing for 02.05.2017 was sent to the assessee by
Post on 28.03.2017 at the address mentioned in Form No. 36 vide
Column No. 10 which has been returned back by the postal authority
with the remark "Refused". It is, thus, inferred that the assessee is not
interested in prosecution of his appeals, therefore, in our considered
opinion, no useful purpose would be served to send the notice again and
again on the same address. These appeals are accordingly dismissed in
default, for non-prosecution.
3. The order is pronounced in the Open Court on : 21 st June, 2017.
Sd/- Sd/-
( L. P. SAHU ) ( I. C. SUDHIR )
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated : the 21st June, 2017.
*MEHTA*
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Copy of the Order forwarded to :-
1. Appellant;
2. Respondent;
3. CIT;
4. CIT (Appeals);
5. DR, ITAT, ND.
BY ORDER
ASSISTANT REGISTRAR Date Draft dictated on 21.06.2017 Draft placed before author 21.06.2017 Draft proposed & placed before the second member Draft discussed/approved by Second Member.
Approved Draft comes to the Sr.PS/PS Kept for pronouncement on File sent to the Bench Clerk Date on which file goes to the AR Date on which file goes to the Head Clerk.
Date of dispatch of Order.
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