2017 (7) TMI 1285 - AT - Income Tax

Rectification of mistake - HELD THAT - The Registry had pointed out certain defects and accordingly issued a notice to the assessee along with a notice for hearing of the appeal. The appeal was initially fixed for hearing on 12-01-2017 and for the assessee appeared and sought time to rectify the defects. Subsequently the assessee has been taking time on one of the other ground till 11-05-2011. On 16-05-2017 the case was adjourned to 19-06-2017 at the request of DR. On 19-06-2017 the assessee sought time to get a declaration that there is no managing director in the company and at his request the case was adjourned to 05-07-2017. However on 05-07-2017 none appeared for the assessee nor any application for adjournment is filed. In view of the same it is presumed that assessee is not interested to pursue the appeal before the Tribunal. Therefore respectfully following the decision of the Tribunal in the case of Multiplan (India) Ltd. (1991 (5) TMI 120 - ITAT DELHI-D) and in Late Tukojirao Holkar (1996 (3) TMI 92 - MADHYA PRADESH HIGH COURT) we deem it fit and proper to dismiss these appeals. - Assessee s appeal is dismissed.

Summary

The Appellate Tribunal ITAT Hyderabad dismissed the assessee's appeal for the A.Y 2009-10 due to the assessee's lack of interest in pursuing the case. The appeal was dismissed following the decision of the Tribunal in the case of Multiplan (India) Ltd. and the decision of the Hon'ble Madhya Pradesh High Court in Late Tukojirao Holkar. The decision was pronounced on 27th July, 2017.