Rajbir Singh Walia Chandigarh

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IN THE INCOME TAX APPELLATE TRIBUNAL
DIVISION BENCH, CHANDIGARH

BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
AND Ms. RANO JAIN, ACCOUNTANT MEMBER

ITA No. 59/CHD/2015
Assessment Year: 2011-12

Shri Rajbir Singh Walia, Vs The DCIT,
House No. 345, Circle 1(1),
Sector 9-A, Chandigarh.
Chandigarh.

PAN: AAAPW8792P

(Appellant) (Respondent)

Appellant by : None
Respondent by : Shri S.K.Mittal, DR

Date of Hearing : 31.03.2016
Date of Pronouncement : 31.03.2016

O R D E R

PER BHAVNESH SAINI,JM

This appeal by assessee has been directed against the

order of ld. CIT(Appeals), Chandigarh dated 31.10.2014 for

assessment year 2011-12.

2. The record revealed that only adjournments have been

sought on behalf of the assessee and some Paper Book is also

filed on record but no Power of Attorney have been filed for any

counsel authorizing to appear on behalf of the assessee.

Despite service of the notice, no authorized representative

appeared on behalf of the assessee on the date of hearing. It,

therefore, appears that assessee is no more interested in

prosecuting the appeal. The appeal is, therefore, liable to be

dismissed.
———————Page 2———————

2

3. In our above view, we get support from the decision of the

Apex Court in the case of CIT v. B.N. Bhattachargee and

another, reported in 118 ITR 46l [relevant pages 477 & 478]

wherein their Lordships have held that:

“The appeal does not mean merely filing of the
appeal but effectively pursuing it.”

4. Our view further finds support from the following

decisions also:

i) CIT v. Multiplan India (P) Ltd: 38 ITD 320 (Del)
ii) Estate of late Tukojirao Holkar v. CWT: 223 ITR
480(MP)

5. Respectfully following the decisions [supra], we dismiss

the instant appeal filed by the assessee for non-prosecution.

6. In the result, appeal of the assessee is dismissed.

Order pronounced in the Open Court on 31 st
March,2016.

Sd/- Sd/-

(RANO JAIN) (BHAVNESH SAINI)
ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated: 31 st
March,2016.
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‘Poonam’

Copy to:

The Appellant, The Respondent, The CIT(A), The CIT,DR

Assistant Registrar, ITAT
Chandigarh

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Ashni Shah is pursuing Chartered Accountancy and is currently engaged as Article Assistant at Rasesh Shah and Associates and can be reached at ashnishah2017@gmail.com. She loves Dancing and Gyming.

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