M/s Aquasub Engineering v. The Principal Commissioner of Income-tax-2, Coimbatore
[Citation -2016-LL-1020-15]

Citation 2016-LL-1020-15
Appellant Name M/s Aquasub Engineering
Respondent Name The Principal Commissioner of Income-tax-2, Coimbatore
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 20/10/2016
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags information technology
Bot Summary: During the course of hearing it was found that the appeal was earlier posted for hearing on 21.7.2016 and at the request of the ld. AR for the assessee, the hearing was adjourned to 18.10.2016. 2 -: ITA No. 929/16 We find that nobody representing assessee has appeared on the date of hearing nor any adjournment request has been received. From the conduct of the assessee it appears that the assessee is not interested in pursuing the appealsbefore the Tribunal. In these circumstances, as held by I.T.A.T., Delhi Bench in the case of CIT vs. Multiplan India Limited 38 ITD 320 that there may be various reasons for the assessee to remain absent at the time of hearing and one of the reasons might be absence to prosecute the appeal and also following decision of the Co-ordinate bench of the Tribunal in the case of Helios and Matheson Information Technology Limited vs ITO in ITA No.134/Mds/2011, dated 05.07.2011, we hereby dismiss the appeal in limine. We make it clear that the assessee is at liberty to file a petition to recall this order provided convincing/sufficient cause be explained for non appearance on the said date of hearing. In the result, the appeal of the assessee is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL BENCH : CHENNAI BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER] I.T.A.No.929/Mds/2016 Assessment year : 2011-12 M/s Aquasub Engineering Vs. Principal Commissioner of Post Box 5803, Tudiyalur Post Income-tax-2 Coimbatore Coimbatore [PAN AADFA 8028 P] (Appellant) (Respondent) Appellant by : None Respondent by : Shri Pathlavath Peerya, CIT Date of Hearing : 18-10-2016 Date of Pronouncement : 20-10-2016 O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER: This appeal of assessee is directed against order of Principal Commissioner of Income-tax-2, Coimbatore, in C.No. 220(3)/263/Pr.CIT-2/CBE/2015-16 dated 29.2.2016 for assessment year 2011-12 passed u/s 263 of Income-tax Act, 1961(in short Act ). 2. During course of hearing it was found that appeal was earlier posted for hearing on 21.7.2016 and at request of ld. AR for assessee, hearing was adjourned to 18.10.2016. :- 2 -: ITA No. 929/16 We find that nobody representing assessee has appeared on date of hearing nor any adjournment request has been received. From conduct of assessee it appears that assessee is not interested in pursuing appealsbefore Tribunal. In these circumstances, as held by I.T.A.T., Delhi Bench in case of CIT vs. Multiplan India (P) Limited 38 ITD 320 that there may be various reasons for assessee to remain absent at time of hearing and one of reasons might be absence to prosecute appeal and also following decision of Co-ordinate bench of Tribunal in case of Helios and Matheson Information Technology Limited vs ITO in ITA No.134/Mds/2011, dated 05.07.2011, we hereby dismiss appeal in limine. However, we make it clear that assessee is at liberty to file petition to recall this order provided convincing/sufficient cause be explained for non appearance on said date of hearing. 3. In result, appeal of assessee is dismissed. Order pronounced on 20th October, 2016, at Chennai. Sd/- Sd/- (CHANDRA POOJARI) (G. PAVAN KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai Dated: 20th October, 2016 RD :- 3 -: ITA No. 929/16 Copy to: 1. Appellant 4. CIT 2. Respondent 5. DR 3. CIT(A) 6. GF M/s Aquasub Engineering v. Principal Commissioner of Income-tax-2, Coimbatore
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