Indian Kanoon - Search engine for Indian Law

Income Tax Appellate Tribunal - Amritsar

Amita Narang, Delhi vs Dy Commissioner Of Income Tax, Jammu on 21 April, 2017

                                                      ITA No.385 (Asr)/2016
                                                      Asst. Year: 2007-08


               IN THE INCOME TAX APPELLATE TRIBUNAL
                  AMRITSAR BENCH; AMRITSAR (SMC)
               BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER
                             I.T.A No.385(Asr)/2016
                            Assessment Year:2007-08


 Smt. Amita Narang                 Vs.   Dy. CIT,
103, Anand Niketan Delhi.                Circle-2, Jammu.

PAN:AALPN-1549E
(Appellant)                              (Respondent)

                 Appellant by:  None.
                 Respondent by: Sh. Rahul Dhawan (DR.)
                       Date of hearing: 20.04.2017
                       Date of pronouncement: 21st April,2017.
                                  ORDER

PER DIVA SINGH:

The present appeal has been filed by the assessee assailing the correctness of the order dated 23.03.2016 of CIT(A)-Jammu, pertaining to 2007-08 assessment year on various grounds.

2. However, at the time of hearing, an adjournment application was moved by the Ld. AR pleading acute back pain. The record shows that the Registry has issued a defect notice in the present appeal as per notice dated 28th July, 2016. It is seen that defect has not been cured. It is further seen that the appeal has come up for hearing on 29th August, 2016, on the said date the Bench was not functional. Thus since no efforts have been taken to cure the defect pointed out by the Registry granting of adjournment would be a waste of government time and machinery as it can be safely presumed that the assessee may not be serious in pursuing the appeal filed. Accordingly, 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.).

ITA No.385 (Asr)/2016 Asst. Year: 2007-08

3. Before parting, it is made clear that in case the assesses is serious in pursuing the appeal filed liberty is given to pray for a recall of this order on the assessee's undertaking that the assessee shall cure the defects pointed out by the Registry. The said order was pronounced in the open Court at the time of hearing itself.

4. In the result, the appeal of the assessee is dismissed in limine.

Order pronounced in the open Court on 21st April, 2017.

Sd/-

(DIVA SINGH) JUDICIAL MEMBER /PK/Ps.

Copy of the order forwarded to:

(1) The Assessee:

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