Income Tax Appellate Tribunal - Delhi
M/S. K.L. Concast Pvt. Ltd., New Delhi vs Dcit, New Delhi on 3 April, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH 'D' : NEW DELHI)
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
and
SHRI KULDIP SINGH, JUDICIAL MEMBER
ITA No.6758/Del./2015
(ASSESSMENT YEAR : 2011-12)
M/s. K.L. Concast Pvt. Ltd., vs. DCIT, Circle 14 (2),
Z - 18, Naraina, Loha Mandi, New Delhi.
New Delhi.
(PAN : AAACK0329B)
(APPELLANT) (RESPONDENT)
ASSESSEE BY : None
REVENUE BY : Shri Amit Kumar Jain, Senior DR
Date of Hearing : 12.12.2017
Date of Order : 03.04.2018
ORDER
PER KULDIP SINGH, JUDICIAL MEMBER :
The appellant, M/s. K.L. Concast Pvt. Ltd., by filing the present appeal, sought to set aside the impugned order dated 26.11.2015 passed by Ld. CIT (A)-5, Delhi qua the assessment year 2011-12.
2. In the present appeal, notice was sent through RPAD to the assessee for hearing on 11.12.2017 and the case was adjourned to 12.12.2017 as nobody was present on behalf of the assessee. On the next date of hearing i.e. 12.12.2017 also, the assessee has not 2 ITA No.6758/Del./2015 preferred to put in his appearance himself or through his authorized representative nor sent any request for adjournment. So, it is apparent on record that the appellant is not interested in prosecution of the present appeal.
3. Keeping in view the legal position that mere issuance of notice does not amount to admission of appeal and this issue has been squarely decided by Hon'ble ITAT in the case of CIT Vs. Multiplan (India) Pvt. Ltd. 38 ITD 320 (Del.), the present appeal is hereby dismissed for want of prosecution with liberty to the assessee to file an application to recall the order subject to demonstrate that he was prevented by sufficient cause from putting his appearance at the time of hearing.
5. In view of above, appeal filed by assessee is dismissed as unadmitted.
Order pronounced in open court on this 3rd day of April, 2018.
Sd/- sd/-
(R.S. SYAL) (KULDIP SINGH)
VICE PRESIDENT JUDICIAL MEMBER
Dated the 3rd day of April, 2018
TS
3 ITA No.6758/Del./2015
Copy forwarded to:
1.Appellant
2.Respondent
3.CIT
4.CIT(A)-5, Delhi.
5.CIT(ITAT), New Delhi.
AR, ITAT
NEW DELHI.