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Income Tax Appellate Tribunal - Delhi

M/S. Banke Bihari Properties Pvt. Ltd., ... vs Ito, New Delhi on 20 June, 2018

               IN THE INCOME TAX APPELATE TRIBUNAL

                    DELHI BENCH "F": NEW DELHI

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



                      ITA No. 3882/DEL/2015
                           A.Y.: 2010-11

BANKE BIHARI PROPERTIES PVT. LTD., VS.       ITO, WARD-2(3)
144/2, ANS HOUSE,                            NEW DELHI - 110 002
ASHRAM, MATHURA ROAD,
NEW DELHI - 110 014
(PAN: AACCB6652Q)
(Appellant)                                  (Respondent)

                Assessee by   : None
                Department by : SH. V.K. JIWANI, SR. DR.

                                ORDER

This appeal filed by the Assessee is directed against the Order dated 09.2.2015 of the Ld. CIT(A)-2, New Delhi relevant to assessment year 2010-11.

2. In this case the Notice was sent to the assessee for hearing for today i.e. 20.06.2018 at the address mentioned in Form No. 36 vide Column No. 10.

3. On 20.06.2018, 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 Page 1 of 2 India Ltd. : 38 ITD 320 (Delhi) and Hon'ble Madhya Pradesh High Court's decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), we treat this appeal 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 20-06-2018.

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

Date:20/06/2018

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