The Erumely Service Coop Bank Ltd. v. The Income-tax Officer, Ward-2(3), Kochi
[Citation -2016-LL-0926-51]

Citation 2016-LL-0926-51
Appellant Name The Erumely Service Coop Bank Ltd.
Respondent Name The Income-tax Officer, Ward-2(3), Kochi
Court ITAT-Cochin
Relevant Act Income-tax
Date of Order 26/09/2016
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags dismissing the appeal in limine
Bot Summary: 2 At the time of hearing of the appeal none appeared on behalf of the assessee. A letter dated 22nd Sept 2016 has been filed on behalf of the assessee seeking adjournment of the case. In the circumstances, it appears that the assessee is not interested in pursuing the appeal, and no useful purpose would be served by 1 ITA No.236/C/2016 adjourning the hearing. Considering these facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules, as were considered in the case of Multiplan India, reported in 38 ITD 320 and in view of the decision of the Madhya Pradesh High Court in the case of Estate of Late Tukoji Rao Holkar, reported in 223 ITR 480, we dismiss the appeal in limine. If the assessee on a later stage gives explanation in regard to its non-appearance before the Tribunal on the date of hearing before the Tribunal by filing a Miscellaneous Application as per the ITAT Rules and if the Bench is so satisfied the appeal of the assessee can be recalled for hearing on merit. 3 In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on this 26th day of Sept 2016.


ITA No.236/C/2016 IN INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH KOCHI BEFORE S/SHRI B P JAIN, AM & GEORGE GEORGE K, JM ITA No 236/Coch/2016 (Asst Year 2011-12) Erumely Service Coop Bank Ltd Vs Income Tax Officer Erumely 686 509 Ward 2(3) Kochi ( Appellant) (Respondent) PAN No. AACCT8991Q Assessee By None Adjournment application filed - rejected Revenue By Sh Dhanaraj, Sr DR Date of Hearing 26th Sept 2016 Date of pronouncement 26th Sept 2016 ORDER PER GEORGE GEORGE K, JM: This appeal, at instance of assessee, is directed against CIT(A)s order dated 16.3.2016. relevant assessment year is 2011-12. 2 At time of hearing of appeal none appeared on behalf of assessee. letter dated 22nd Sept 2016 has been filed on behalf of assessee seeking adjournment of case. After going through application, we find that there is no sufficient reason mentioned in application and therefore, same is dismissed. In circumstances, it appears that assessee is not interested in pursuing appeal, and no useful purpose would be served by 1 ITA No.236/C/2016 adjourning hearing. Considering these facts and keeping in mind provisions of Rule 19(2) of ITAT Rules, as were considered in case of Multiplan India, reported in 38 ITD 320 (Del) and in view of decision of Madhya Pradesh High Court in case of Estate of Late Tukoji Rao Holkar, reported in 223 ITR 480, we dismiss appeal in limine. However, if assessee on later stage gives explanation in regard to its non-appearance before Tribunal on date of hearing before Tribunal by filing Miscellaneous Application as per ITAT Rules and if Bench is so satisfied appeal of assessee can be recalled for hearing on merit. 3 In result, appeal filed by assessee is dismissed. Order pronounced in open Court on this 26th day of Sept 2016. Sd/- Sd/- ( B P JAIN ) (GEORGE GEORGE K) Accountant Member Judicial Member Cochin: Dated 26th Sept 2016 Raj 2 ITA No.236/C/2016 Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT, 5. DR 6. Guard File By order Assistant Registrar ITAT, COCHIN 3 Erumely Service Coop Bank Ltd. v. Income-tax Officer, Ward-2(3), Kochi
Report Error