2016 (11) TMI 1704 - AT - Income Tax

Non prosecution of appeal - HELD THAT - When the matter was called up for hearing today, no one has appeared on behalf of the assessee. The assessee has not filed any adjournment application also. The notice of hearing sent to the assessee has not been returned unserved. The matter was earlier adjourned a couple of times at the request of the assessee. In these circumstances, it appears that the assessee is not interested in prosecuting his appeal. The appeal filed by the assessee is, therefore, liable to be dismissed, for non-prosecution. The appeal filed by the assessee is dismissed for non-prosecution.

Summary

Issues:
Non-prosecution of appeal by the assessee.

Analysis:
The judgment by the Appellate Tribunal ITAT DELHI pertains to an appeal by the assessee for the assessment year 2009-10, originating from the order of the CIT (Appeals) dated 03.03.2015. The Tribunal noted that despite previous adjournments at the request of the assessee, no one appeared on behalf of the assessee for the current hearing, and no adjournment application was filed. The notice of hearing was not returned unserved, indicating receipt by the assessee. Citing precedents, the Tribunal emphasized that filing an appeal is not sufficient; effective pursuit is essential. The Tribunal referenced the case law of CIT vs. B.N. Bhattachargee & anr., highlighting the importance of actively pursuing an appeal.

Furthermore, the Tribunal referred to the case of Estate of late Tukojirao Holkar vs. CWT, emphasizing that if the party initiating the reference fails to participate in the proceedings, the court is not obligated to address the reference. Additionally, the Tribunal cited the case of Commissioner of Income-tax vs. Multiplan India (P.) Ltd, where the revenue's appeal was treated as unadmitted due to non-representation without communication or justification for absence. In this context, the Tribunal exercised its inherent powers to dismiss the appeal for non-prosecution by the assessee, in line with Rule 19 of the Income-tax (Appellate Tribunal) Rules, 1963.

Ultimately, the Tribunal concluded that the appeal filed by the assessee stands dismissed for non-prosecution, based on the assessee's lack of interest in pursuing the appeal. The decision was pronounced in an open court session on 23rd November 2016.