Tribunals and CommissionsSingle Bench(2019) 05 ITAT CK 0024

M/s. Bhoomica Agro Industries Limited vs Income Tax Officer

Income Tax Appellate Tribunal · Decided on 1 May 2019

HON’BLE JUDGES
Bhavnesh Saini, J
RESULT
Dismissed
CASE NUMBER
Income Tax Appeal No. 1272 /Del Of 2018

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Judgment

5 paragraphs · 227 words

Bhavnesh Saini, J

1.

This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-V, New Delhi, Dated 07th October, 2014, for the A.Y. 2007-2008.

2.

On the last date of hearing, appeal was adjourned in the presence of the Learned Counsel for the Assessee. However, none appeared at the time of hearing of the appeal. The assessee is also ex-parte before the Ld. CIT(A). It, therefore, appears that assessee is no more interested in prosecuting the appeal. Therefore, the appeal of the assessee is liable to be dismissed as un-admitted.

3.

In view of the above and having regard to Rule 19(2) of Income Tax Appellate Tribunal Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd., 38 ITD 320 (Del.); Hon'ble Madhya Pradesh High Court decision in the case of Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (MP), and also the decision of Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) wherein their Lordships held that "the appeal does not mean, mere filing of the memo of appeal but effectively pursuing the same". In view of the above, respectfully following the aforecited decisions, we dismiss the appeal of the assessee as un-admitted.

4.

In the result, appeal of the Assessee dismissed.