Income Tax Appellate Tribunal - Agra
Sh. Suraj Singh, Mainpuri vs I.T.O., Ward-2(4), Agra on 7 April, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AGRA BENCH: AGRA
BEFORE SHRI A. D. JAIN, JUDICIAL MEMBER, AND
DR. MITHA LAL MEENA, ACCOUNTANT MEMBER
I.T.A No. 12/Agra/2016
(ASSESSMENT YEAR-2008-09)
Shri Suraj Singh, Vs.. ITO, Ward-2(4)
Pachauri Compound, Mainpuri.
Mainpuri
PAN No.BPHPS6572J
(Assessee) (Revenue)
Assessee by None.
Revenue by Shri Waseem Arshad, Sr.DR.
Date of Hearing 06.04.2017
Date of Pronouncement 07.04.2017
ORDER
PER, BENCH:
This appeal has been filed by the assessee against the order of the ld. CIT(A), dated 16.10.2015.
2. When the appeal was called out for hearing, none appeared on behalf of the assessee, nor any application for adjournment has been filed. We find that proper notices of hearing have already been sent to the assessee, which have not returned unserved. Under these circumstances, it appears that the assessee is not interested in prosecuting the appeal any further. As such, we hold that the appeal is liable to I.T.A No. 12/Agra/2016 2 be dismissed for non prosecution. In this regard we place reliance upon the 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)
3. Respectfully following the view taken in the cases cited (supra), we dismiss the appeal filed by the assessee for non prosecution. The assessee may, however, get it revived by showing sufficient cause for non-appearance.
4. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 07/04/2017.
Sd/- Sd/-
(DR. MITHA LAL MEENA) (A.D. JAIN)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated 07 /04/2017
*AKV*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR