M/S.GENISTRA CONSTRUCTION PRIVATE LIMITED ,KOLKATA vs. ITO, WARD - 6(3), KOLKATA , KOLKATA

This appeal filed by the assessee is directed against the order of Ld. CIT(A) – 7, Kolkata dated 28.03.2018 passed ex-parte dismissing the appeal of the assessee for non-prosecution.

In this case, the appeal filed by the assessee was initially fixed for hearing on 05.02.2019. None, however, appeared on behalf of the assessee on the said date. In order to give one more opportunity to the assessee, the hearing was adjourned to 05.02.2019 with the direction to the registry to send the notice of the said hearing to the assessee at the address given in the appeal memo. On 05.03.2019 i.e. today, none has appeared on behalf of the assessee nor any 2 M/s. Genistra Construction Pvt. Ltd. Assessment Year: 2012-13 application seeking adjournment has been filed. It is observed that there was a similar non-compliance on the part of the assessee even during the course of appellate proceedings before the Ld. CIT(A) culminating in the ex-parte order passed by the Ld. CIT(A). Keeping in view this non-compliant and non-cooperative attitude of the assessee, it appears that the assessee is not seriously interested in prosecuting this appeal filed before the Tribunal.

The law assists those who are vigilant and not those who sleep over their rights. This principle is embodied in the well known dictum – “vigilantibus, non dormientibus, jura subvenient”. Considering the facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules as was considered in the case of CIT vs Multiplan India Pvt. Ltd. 38 ITD 320 (Del) and the judgment of the Hon’ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Halkar vs C.W.T. reported in 223 ITR 480, we treat this appeal as unadmitted and dismiss the same for non-prosecution.

In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 5th March, 2019.