Aachman Vanijya (P)Ltd. v. I.T.O., Ward-4(3), Kolkata
[Citation -2016-LL-0921-209]

Citation 2016-LL-0921-209
Appellant Name Aachman Vanijya (P)Ltd.
Respondent Name I.T.O., Ward-4(3), Kolkata
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 21/09/2016
Assessment Year 2011-12
Judgment View Judgment
Bot Summary: ORDER Per Dr.Arjun Lal Saini, AM This is an appeal by the assessee against the order dated 03.03.2016 of CIT(A)- 16, Kolkata relating to AY 2011-12. Today when the case was called for hearing none appeared on behalf of the assessee nor was any application for an adjournment was filed by the assessee. In the case of CIT vs B.N.Bhattachrgee and another, reported in 118 ITR 461 relevant pages 477 478 wherein their Lordships have held that : The appeal does not mean merely filing of the appeal but effectively pursuing it. In the case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 while dismissing the reference made at the instance of the assessee in default made following observation in their order : 2 ITA No.513/Kol/2016 Aachman Vanijya Pvt. Ltd. A.Yr. In the case of Commissioner of Income-tax vs Multiplan India Ltd.: 38 ITD 320(Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. The Tribunal on the basis of inherent powers, treated the appeal filed by the revenue as un admitted in view of the provisions of Rule 19 of the Appellate Tribunal Rules, 1963. In the result, the appeal of the assessee is dismissed for non-prosecution.


IN INCOME TAX APPELLATE TRIBUNAL BENCH : KOLKATA [Before Hon ble Sri N.V.Vasudevan, JM & Dr.Arjun Lal Saini, AM] I.T.A No. 513/Kol/2016 Assessment Year : 2011-12 Aachman Vanijya (P)Ltd. -vs.- I.T.O., Ward-4(3), Kolkata Kolkata [PAN : AACCA 5165 H] (Appellant) (Respondent) For Appellant : None For Respondent : Shri S.M.Sarfarazut Tauheed, JCIT Date of Hearing : 21.09.2016. Date of Pronouncement : 21.09.2016. ORDER Per Dr.Arjun Lal Saini, AM This is appeal by assessee against order dated 03.03.2016 of CIT(A)- 16, Kolkata relating to AY 2011-12. 2. appeal by assessee was fixed for hearing on 21.09.2016. Today when case was called for hearing none appeared on behalf of assessee nor was any application for adjournment was filed by assessee. It appears to us that assessee is not serious in prosecuting this appeal. Hence appeal filed by assessee is liable to be dismissed for non prosecution. For this view we find support from following decisions :- 1. In case of CIT vs B.N.Bhattachrgee and another, reported in 118 ITR 461 [relevant pages 477 & 478] wherein their Lordships have held that : appeal does not mean merely filing of appeal but effectively pursuing it. 2. In case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 (MP) while dismissing reference made at instance of assessee in default made following observation in their order : 2 ITA No.513/Kol/2016 Aachman Vanijya Pvt. Ltd.. A.Yr.2011-12 If party, at whose instance reference is made, fails to appear at hearing, or fails in taking steps for preparation of paper books so as to enable hearing of reference, court is not bound to answer reference. 3. In case of Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del), appeal filed by revenue before Tribunal, which was fixed for hearing. But on date of hearing nobody represented revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why revenue chose to remain absent on that date. Tribunal on basis of inherent powers, treated appeal filed by revenue as un admitted in view of provisions of Rule 19 of Appellate Tribunal Rules, 1963. 3. assessee, if so desired, shall be free to move this Tribunal praying for recalling this order and explaining reasons for non-compliance etc. then this order may be recalled. 4. In result, appeal of assessee is dismissed for non-prosecution. Order pronounced in Court on 21.09.2016. Sd/- Sd/- [N.V.Vaudevan] [ Dr.Arjun Lal Saini ] Judicial Member Accountant Member Dated : 21.09.2016. [RG PS] Copy of order forwarded to: 1. Aachman Vanijya Pvt. Ltd., Garia, Mahamayapur West, Near Karma Mandir Club, Kolkata-700084. 2. I.T.O., Ward-4(3), Kolkata. 3. CIT(A)-16, Kolkata. 4. CIT-4, Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata. True copy By Order Asstt.Registrar, ITAT, Kolkata Benches 2 3 ITA No.513/Kol/2016 Aachman Vanijya Pvt. Ltd.. A.Yr.2011-12 3 Aachman Vanijya (P)Ltd. v. I.T.O., Ward-4(3), Kolkata
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