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[Cites 1, Cited by 4]

Income Tax Appellate Tribunal - Delhi

M/S. Ashirwad Steels & Alloys (Pvt ) Ltd, ... vs Addl. Cit, Muzaffarnagar on 18 April, 2018

                    IN THE INCOME TAX APPELLATE TRIBUNAL,
                        DELHI BENCH 'A
                                    'A' NEW DELHI

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

                            ITA No. 4048/Del./2009
                                     4048/Del./2009
                              Asstt. Year : 2000-
                                            2000-01

Ashirwad Steels & Alloys (Pvt.) Ltd       vs.     Addl. CIT
328, Gaushala Nadi Road

Muzaffarnagar                                     Muzaffarnagar
(PAN: AADCA4543J)
(Appellant)                                       (Respondent)

      Appellant by                    :     None
      Respondent by                   :     Shri Ravi Kant Gupta, Sr. DR

      Date of hearing                 :     18.04.2018
      Date of pronouncement           :     18.04.2018

                                      ORDER

Per L.P. Sahu, Accountant Member:

This appeal filed by the assessee is directed against the order dated 12.06.2009 passed by learned CIT(A), Muzaffarnagar.

2. The notice for hearing on 18.04.2018 had been sent by the speed post on the given address by the assessee at serial no. 10 of Form No. 36 which has been returned unserved by the postal authority. At the time of hearing, no one was present on behalf of the assessee and no request for adjournment has also come on record. Therefore, it can be safely inferred that the assessee is not serious in pursuing its appeal. In the circumstances, the only alternative left with us is to dismiss the appeal of the assessee in limine. Support is drawn from the order of Tribunal in CIT vs. Multi Plan India (P) Ltd., 38 ITD 320 2 ITA No. 4048/Del./2009 (Del.) and of M.P. High Court in Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (MP).

3. Before parting, we think it appropriate to add that in case the assessee is able to show reasonable cause for non-representation on the date of hearing, then it may, if so advised, pray for recall of this order and decision on merits.

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

Order is pronounced in the open court on 18.04.2018.

      Sd/-                                          Sd/-

 (H.S.SIDHU)
  H.S.SIDHU)                                   (L.P. SAHU)
 Judicial Member                            Accountant Member

Dated : 18.04.2018
*Binita*

Copy of order forwarded to:
(1)   The appellant                          (2)    The respondent
(3)   Commissioner                                  (4)    CIT(A)
(5)   Departmental Representative             (6)   Guard File
                                                                              By order

                                                                  Assistant. Registrar
                                                       Income Tax Appellate Tribunal
                                                            Delhi Benches, New Delhi
                                        3                          ITA No. 4048/Del./2009




                                              Date      Initial
1.    Draft dictated on                    18.04.2018              PS
2.    Draft placed before author           18.04.2018              PS
3.    Draft proposed & placed before the                           JM/AM
      second member
4.    Draft discussed/approved by Second                           JM/AM
      Member.
5.    Approved Draft comes to the Sr.PS/PS                         PS/PS
6.    Kept for pronouncement on            18.04.2018              PS
7.    File sent to the Bench Clerk         18.04.2018              PS
8.    Date on which file goes to the AR

9. Date on which file goes to the Head Clerk.

10. Date of dispatch of Order.