As per Rule 19(2) of ITAT Rule 1963 appeal can be dismissed in the absence of interest of appellant

Last updated: 28 June 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar vs. CWT, 223 I.T.R. 480 (MP), we treat the appeal of the assessee as unadmitted and dismiss the same.

Citation :
Brij Bhushan Bansal, R-11/191, Raj Nagar, Ghaziabad. (PAN/GIR No.AAXPB3784B) (Appellant) Vs. ITO, Ward 1(1), Meerut. (Respondent)

IN THE INCOME TAX APPELLATE TRIBUNAL

(DELHI BENCH `A’: NEW DELHI)

BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND

SHRI A.N. PAHUJA, ACCOUNTANT MEMBER

ITA No.5710/Del./2011

(Assessment Year : 2006-07)

Brij Bhushan Bansal,

R-11/191, Raj Nagar,

Ghaziabad.

(PAN/GIR No.AAXPB3784B)

(Appellant)

Vs.

ITO, Ward 1(1),

Meerut.

(Respondent)

Assessee by: None

Revenue by: Shri Alok Singh Sr.DR

PER U.B.S. BEDI, J.M.

This appeal of the Revenue emanates from the order passed by the CIT (A), Meerut, dated 08.09.2011, relevant to assessment year 2006-07.

2. Despite having noted the adjourned date on last date of hearing by the Ld.AR of the assessee, assessee did not appear at the time when the case was called up nor any adjournment request is received. Thus, it is inferred that the assessee is not interested in prosecution of the present appeal.

3. Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar vs. CWT, 223 I.T.R. 480 (MP), we treat the appeal of the assessee as unadmitted and dismiss the same.

4. In the result, the appeal filed by the assessee is dismissed for want of prosecution.

Order pronounced in open court soon after the conclusion of the hearing on 19.06.2012.

Sd/- Sd/-

(A.N. PAHUJA) (U.B.S. BEDI)

ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated: June 19, 2012

SKB

Copy of the order forwarded to:-

1. Appellant

2. Respondent

3. CIT

4. CIT(A), Meerut.