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Shree Ranjeet Singh, Jaipur vs Assessee

Income Tax Appellate Tribunal18 February 2015

Ratio decidendi

The rule this decision rests on

The Tribunal holds that where the assessee, despite notice, does not appear when the appeal is called for hearing, it may infer that the assessee is not interested in pursuing the case, and in those circumstances the appeal may be dismissed in limine (without adjudication on the merits).

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1 ITA 108/JP/2013 Ranjit Singh Vs. ITO

vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR

Jh vkj-ih-rksykuh] U;kf;d lnL; ,oa Jh Vh-vkj-ehuk] ys[kk lnL; ds le{k BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM

vk;dj vihy la-@ITA No. 108/JP/2013 fu/kZkj.k o"kZ@Assessment Year : 2005-06

Shree Ranjeet Singh, cuke The I.T.O. 85 Sona Bari Nr. Raraian Vs. Ward 6(2), Jaipur Niwas, Gopalpura Bypass, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ABGPS 9259 N vihykFkhZ@Appellant izR;FkhZ@Respondent

fu/kZkfjrh dh vksj ls@ Assessee by : None (A.D. on record) jktLo dh vksj ls@ Revenue by : Shri Rajesh Ojha (JCIT)

lquokbZ dh rkjh[k@ Date of Hearing : 18/02/2015 ?kks"k.kk dh rkjh[k@ Date of Pronouncement : 18/02/2015

vkns'k@ ORDER PER T.R. MEENA, AM

This is an appeal filed by the assessee against the order of the ld.

CIT(A)-III, Jaipur dated 30th November, 2012 for the assessment year

2005-06.

2. In spite of the notice sent by the Tribunal, the case was not

represented on behalf of the assessee when it was called for hearing.

From this, it appears that the assessee is not interested to pursue his case.

2 ITA 108/JP/2013 Ranjit Singh Vs. ITO

So in the circumstances, following the decision of Delhi Bench of ITAT in

the case of CIT Vs. Multiplan India (P) Ltd., [1991] 38 ITD 320 and also on

the judgment of the Hon'ble M.P. High Court in the case of Estate of Late

Tukhoji Rao Holkar Vs. CWT [1997] 223 ITR 480, the appeal of the

assessee is not admitted and is dismissed in limine as pronounced in the

open Court on 18/02/2015

Sd/- Sd/-

¼vkj-ih-rksykuh½ ¼Vh-vkj-ehuk½ (R.P.Tolani) (T.R. Meena) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member

Tk;iqj@Jaipur

fnukad@Dated:- 18th February, 2015 *Ranjan

vkns'k dh izfrfyfi vxzsf'kr@Copy of the order forwarded to:

1. vihykFkhZ@The Appellant- Shree Ranjeet Singh, Jaipur.

2. izR;FkhZ@ The Respondent- The ITO, Ward 6(2), Jaipur.

3. vk;dj vk;qDr@ CIT

4. vk;dj vk;qDr¼vihy½@The CIT(A)

5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur

6. xkMZ QkbZy@ Guard File (ITA No. 108/JP/2013)

vkns'kkuqlkj@ By order,

lgk;d iathdkj@Asst. Registrar

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