Income Tax Appellate Tribunal - Delhi
Atul Sharma, New Delhi vs Ito, New Delhi on 27 July, 2017
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IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES: 'A', NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER
ITA No. 5803/Del/2013
AY: 2010-11
Sh. Atul Sharma ITO
207, Lawyers Chamber vs. Circle-37(1)
Delhi High Court New Delhi
New Delhi 110 003
PAN: AARPS 6964 J
(Appellant) (Respondent)
Assessee by None.
Department by Sh. RK Dandey, Sr.D.R.
Date of Hearing 27th July, 2017
Date of 27th July, 2017
Pronouncement
ORDER
PER R.K.PANDA, ACCOUNTANT MEMBER
This appeal filed by the assessee is directed against the order dated 05th August, 2013 of the Ld. CIT(A)-XXVIII, New Delhi relating to the Assessment year (A.Y.) 2010-11.
2. This appeal was fixed for hearing from time to time and was last fixed for hearing on 09th Feb., 2017. Since none appeared on that date notice was sent by registered post with 2 acknowledgement due, fixing hearing of the case on 14th May, 2017. The assessee sought adjournment and the case was adjourned to 27th July, 2017. However when the name of the assessee was called today, there was nobody from the side of the assessee to represent the case, nor any petition seeking adjournment of the case was filed. This shows that the assessee is not interested in prosecuting the appeal filed by him.
3. Following the decision of Delhi Bench of the Tribunal in the case of Multi Plan India Ltd. reported in 38 ITD 320 (Delhi), and the decision of Hon'ble M.P. High Court in the case of Estate of Late Tukojirao Holkar vs. CWT, reported in 223 ITR 480 (MP), and also the decision of the Hon'ble Bombay High Court in the case of M/s Chemipol vs. UOI and others in Central Excise Appeal No. 62/2009 judgement dt. 17th September,2009, we consider it a fit case for dismissing the appeal in limine. However, if the assessee through proper application can satisfy the Tribunal for non-appearance on the date of hearing, the Tribunal may at its discretion recall this order.
4. In the result, the appeal of the assessee is dismissed in limine.
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Order pronounced in the Open Court on 27th July,2017.
Sd/- Sd/-
(SUCHITRA KAMBLE) (R.K. PANDA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 27th July, 2017
* Manga
Copy forwarded to: -
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT
- TRUE COPY -
By Order,
ASSISTANT REGISTRAR
ITAT Delhi Benches
New Delhi