WEST BENGAL STATE ELECTRICITY TRANSMISSION CO LTD,KOLKATA vs. PR.C.I.T -1, KOLKATA

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ITA 1200/KOL/2019Status: DisposedITAT Kolkata16 September 2020AY 2014-153 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had not shown interest in prosecuting the appeal despite repeated opportunities. Consequently, the Tribunal dismissed the appeal.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under section 263. The appeal was listed for hearing multiple times, but the assessee neither appeared nor requested an adjournment.

What were the issues?

Whether the appeal should be dismissed due to the assessee's non-appearance and lack of interest in prosecuting the case.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”

Before: SHRI A. T. VARKEY, JM & DR. A.L. SAINI, AM

For Respondent: Shri Ram Bilash Meena, D/R
Hearing: 19/08/2020Pronounced: 16/09/2020

आदेश / O R D E R

Per Dr. A. L. Saini, AM:

1.

The captioned appeal filed by the assessee is directed against the order dated 18.03.2019 passed by the ld. Principal Commissioner of Income Tax-1, Kolkata under section 263 of the Income Tax Act ( the ‘Act’), relating to assessment year 2014-15.

2.

This appeal came for hearing today i.e. 19.08.2020. Notice of hearing of this appeal was sent to the assessee at the address given by the assessee in Form No.36. The said notice has not been returned unserved. Today i.e. on 19.08.2020 when the case was called for hearing, none appeared on behalf of the assessee nor

Assessment Year: 2014-15 West Bengal State Electricity Transmission Co. Ltd. any request for adjournment was made. It means that assessee is not interested in prosecuting this appeal.

3.

We have heard ld DR for the Revenue and perused the material available on record. We note that this matter has been fixed by this Tribunal on several times for hearings and notices of hearings have been served on the assessee but none appeared on behalf of the assessee. Since the assessee has challenged the action of ld. PCIT u/s 263 of the Act and we presume that Assessing Officer would have given effect of the order of ld. PCIT u/s 263 of the Act and Assessing Officer might have passed the order in pursuance of the direction given by the ld. PCIT u/s 263 of the Act and therefore, it seems to us that the assessee is not interested in pursuing the present appeal. Since the matter has been fixed for hearings on several time and there is no communication or information as to why the assessee chose to remain absent on the date of hearings. In order to adjudicate the issue on merits, the paper book and assistance of authorized representative of the assessee is required. However, as we noted earlier that the assessee is not showing any interest to prosecute this appeal, therefore we dismiss the appeal filed by the assessee.

4.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on this 16/09/2020.

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