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Income Tax Appellate Tribunal, BENCH ‘ A ’ ‘SMC’
Before: SHRI JASON P BOAZ
Vs. Income Tax Officer, Ward 1, Hospet. ….. Respondent. Appellant By : None. Respondent By : Smt. Kabila H, JCIT (D.R) Date of Hearing : 27.11.2018. Date of Pronouncement : 5.12.2018. O R D E R Per Shri Jason P Boaz, A.M. : This appeal by the assessee is directed against the order dt.18.06.2018 of Commissioner of Income Tax (Appeals), Gulbarga for the Assessment Year 2013-14.
None has appeared on behalf of the assessee when this appeal was called for hearing on 27.11.2018. Earlier, when the case was fixed for hearing on 4.10.2018 and 29.10.2018, either none was present for the assessee or adjournment was sought. Hence I am satisfied that the assessee is not interested in pursuing the present appeal.
In view of the above, I am of the opinion that the assessee is not seriously interested in pursuing the appeals 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 appeal is dismissed.
In the result, the appeal of the assessee for Assessment Year 2013- 14 is dismissed. Order pronounced in the open court on 5.12.2018.