M/S CANRA CREDIT CO-OPERATIVE SOCIETY LIMITED,UDUPI vs. INCOME TAX OFFICER WARD-1, UDUPI

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ITA 504/BANG/2018Status: DisposedITAT Bangalore12 June 2019AY 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 held that the assessee was not seriously interested in pursuing the appeal, citing the principle that the law aids the vigilant. Consequently, the appeal was dismissed.

What were the facts?

The assessee's appeal was listed for hearing, but no one appeared on behalf of the assessee. The assessee had previously sought an adjournment, indicating a lack of interest in pursuing the appeal.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Rule 19(2) of the Income Tax Appellate Tribunal Rules

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, ‘SMC-C’ BENCH : BANGALORE

Before: SHRI JASON P BOAZ

O R D E R Per Shri Jason P Boaz, A.M. : This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-10, Bangalore, for the Assessment Year 2014-15.

2.

None has appeared on behalf of the assessee when this appeal was called for hearing today i.e., 12.06.2019. It is seen from the record that the assessee has earlier been afforded hearings on 11.04.2019, where the AR sought adjournment on behalf of the assessee. In view of the facts and circumstances of the case as laid out above, I am satisfied that the assessee is not interested in pursuing the present appeal.

3.

In view of the above, we are of the opinion that the assessee is not seriously interested in pursuing the appeal on hand. The law aids those who are vigilant, not those who sleep upon their rights. This principle is embodied in well known dictum, “VIGILANTIBUS ET NON DORMIENTIBUS SERVIUNT LEGES”. Considering the facts and circumstances of the case and keeping in view the provisions of Rule 19(2) of the Income Tax Appellate Tribunal Rules as were considered in the case of CIT Vs. Multiplan India Ltd. (38 ITD 320) (Del), the assessee’s appeal is dismissed.

4.

In the result, the appeal of the assessee for Assessment Year 2014-15 is dismissed.

Order pronounced in the open court on 12th June, 2019.

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