2016 (10) TMI 1293 - AT - Income Tax

Non-representation on the date of hearing by assessee - notice was sent to the assessee many times at the address indicated in Column No.10 in the memo of appeal despite this the assessee remained unrepresented and notice came back unserved saying house is empty - HELD THAT - On absence of any representation on the part of the assessee it can be safely presumed that the assessee is not serious in pursuing the present appeal. The appeal of the assessee in view thereof is dismissed in limine. Support is drawn from the order of the Tribunals in Commissioner of Income-Tax vs. Multi Plan India (P) Ltd. 1991 (5) TMI 120 - ITAT DELHI-D and Estate of Late Tukojirao Holkar vs. CWT 1996 (3) TMI 92 - MADHYA PRADESH HIGH COURT Before parting it is appropriate to add that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing it would be at liberty if so advised to pray for a recall of this order.

Summary

Issues:
Assessee appealing order of CIT(A)-IV, New Delhi for 2006-07 on various grounds. Non-representation by assessee during appeal hearings.

Analysis:
The judgment pertains to an appeal filed by the assessee challenging the order of the CIT(A)-IV, New Delhi for the assessment year 2006-07. The key issue highlighted in the judgment is the non-representation of the assessee during the appeal hearings. Despite the notice being sent to the assessee's address as indicated in the memo of appeal, the assessee remained unrepresented during the proceedings. The Tribunal noted that no one appeared on behalf of the assessee during the hearings, even after adjournment requests were rejected. The Tribunal observed that the notices sent to the assessee were not returned unserved, indicating that the assessee was aware of the proceedings. Citing precedents, the Tribunal concluded that the assessee's lack of representation implied a lack of seriousness in pursuing the appeal, leading to the dismissal of the appeal in limine. The Tribunal drew support from previous judgments such as Commissioner of Income-Tax vs. Multi Plan India (P) Ltd. and Estate of Late Tukojirao Holkar vs. CWT to justify the dismissal.

Furthermore, the Tribunal acknowledged that if the assessee could demonstrate a reasonable cause for non-representation, they could seek a recall of the order. The Tribunal emphasized that the order was pronounced in open court on the hearing date itself. Ultimately, the appeal of the assessee was dismissed, and the order was pronounced on the 18th of October, 2016. The judgment highlights the importance of representation in legal proceedings and the consequences of non-appearance during hearings, underscoring the need for parties to actively engage in their appeals to seek a favorable outcome.