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Sri Ragavendra Real Estate, Coimbatore v. Ito, Coimbatore

Sri Ragavendra Real Estate, Coimbatore v. Ito, Coimbatore

(Income Tax Appellate Tribunal, Chennai)

Income Tax Appeal No. 2681/Chny/2014 | 07-04-2015

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-I, Coimbatore, dated

20.08.2014 and pertains to assessment year 2010-11. 2 I.T.A. No.2681/Mds/14

2. The appeal was fixed for hearing on 01.01.2015. At the request of the assessee, the appeal was adjourned to 07.04.02015. The notice of hearing was served on the assessee by RPAD. When the appeal was taken up for hearing on 07.04.2015, no one appeared for assessee even though the assessee has received the notice by RPAD. The Registry has placed on record the posted acknowledgement as proof of service of notice on the assessee.

3. There may be various reasons for the assessee for not appearing before this Tribunal when the appeal was taken up for hearing. One of the reasons, presumably, the assessee may not be interested in prosecuting the appeal. Whatever may be the reason, by keeping the proviso to Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963, in mind, the appeal of the assessee is dismissed for non-prosecution. However, it is made clear that it is open to the assessee to move to this Tribunal for recall of this order provided there was sufficient cause on the part of the assessee for non-appearing before this Tribunal on 07.04.2015 when the appeal was taken up for hearing.

4. With the above observation, the appeal of the assessee is dismissed. 3 I.T.A. No.2681/Mds/14 Order pronounced in the open court after conclusion of hearing on 7 th of April, 2015 at Chennai. sd/- sd/- (A. Mohan Alankamony) (N.R.S. Ganesan) (. ) (... ) /Accountant Member  /Judicial Member /Chennai, 4/Dated, the 7 th April, 2015. Kri. . ,56 76 /Copy to:

1. +/Appellant

2. ,-+ /Respondent

3. 8 ()/CIT(A)-I, Coimbatore

4. 8/CIT-I, Coimbatore

5. 6 , /DR

6. /GF.

Advocate List
Bench
  • SHRI N.R.S. GANESAN, JUDICIAL MEMBER
  • SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER
Eq Citations
  • LQ/ITAT/2015/3062
Head Note

Income Tax Act, 1961 — S. 250 — Non-prosecution of appeal — Non-appearance of assessee on date of hearing — Non-prosecution of appeal — Order of dismissal of appeal for non-prosecution — Non-appearance of assessee on date of hearing — Non-prosecution of appeal — Order of dismissal of appeal for non-prosecution — Effect — It is made clear that it is open to the assessee to move to the Tribunal for recall of this order provided there was sufficient cause on the part of the assessee for non-appearing before the Tribunal on 07.04.2015 when the appeal was taken up for hearing