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Income Tax Appellate Tribunal - Delhi

Tractebel Engineering Sa, Delhi vs Dcit (International Taxation), New ... on 6 March, 2019

                IN THE INCOME TAX APPELATE TRIBUNAL

                     DELHI BENCH "C": NEW DELHI

              BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER
                                 AND
                SHRI L.P. SAHU, ACCOUNTANT MEMBER



                      ITA No. 6270/DEL/2015
                           A.Y.: 2012-13

TRACTEBEL ENGINEERING SA                     VS. DCIT, CIRCLE-3(1)(1),
A 191 NH ROAD, NO. 8,                            (INT. TAXATION)
MAHIPALPUR EXTENSION,                            ROOM NO. 419, E-2 BLOCK
NEW DELHI - 38                                   DR. SP MUKHERJEE CIVIC
 (PAN: AADCC0706F)                               CENTRE, J.L. NEHRU MARG,
                                                 NEW DELHI - 3
(Appellant)                                      (Respondent)

                Assessee by   : None
                Department by : SH. AMIT KATOCH, SR. DR.

                                ORDER
PER H.S. SIDHU, JM

This appeal filed by the Assessee is directed against the Order of the Assessing Officer, Circle 3(1)(1), Intl. Taxation, New Delhi pertaining to assessment year 2012-13.

2. In this case the Notice was sent to the assessee for hearing for today i.e. 06.03.2019 at the address mentioned in Form No. 36 vide Column No. 10.

3. On 06.03.2019, neither the assessee nor its Authorised Representative attended the hearing and also not filed any Application for adjournment or nor filed the fresh address before the Tribunal, hence, we are of the view that no useful purpose would be served to serve the notice again and again on the same address. In view of above, it is thus inferred that the assessee is not interested in prosecution of its Appeal.

4. Having regard to Rule 19(2) of ITAT Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd. : 38 ITD 320 (Delhi) and Hon'ble Madhya Pradesh High Court's decsion in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), we treat these appeals as unadmitted and dismiss the same. We would like to clarify that subsequently if the assessee explains the reasons for non appearance and if the Bench is so satisfied, the matter may be recalled for the purpose of adjudication of the Appeal.

5. In the result, the Appeal of the assessee is dismissed in limine.

Order pronounced on 06-03-2019.

                  Sd/-                                               Sd/-
         [L.P. SAHU]                                       [H.S. SIDHU]
     ACCOUNTANT MEMBER                                  JUDICIAL MEMBER

Date:06/03/2019

SRBhatnagar

Copy forwarded to: -
1.     Appellant   2.   Respondent     3. CIT   4.CIT (A)   5.    DR, ITAT



                             TRUE COPY                      By Order,

Assistant Registrar, ITAT, Delhi Benches Page 2 of 2