HULBERT DISTRIBUTORS PRIVATE LIMITED,KOLKATA vs. ITO, WARD-5(4), KOLKATA, KOLKATA

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ITA 1930/KOL/2017Status: DisposedITAT Kolkata10 January 2019AY 2012-132 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's consistent non-appearance indicates a lack of seriousness in pursuing the appeal. Relying on precedent, the Tribunal dismissed the appeal.

What were the facts?

The assessee's appeal was listed for hearing multiple times, but neither the assessee nor their representative appeared. The Tribunal noted the assessee's lack of interest in pursuing the appeal.

What were the issues?

Whether an appeal can be dismissed due to the appellant's persistent non-appearance and lack of interest in pursuing the matter.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “D” BENCH: KOLKATA

Before: Shri P.M. Jagtap & Shri A. T. Varkey, JM]

Hearing: 10.01.2019Pronounced: 10.01.2019

ORDER

Per Shri A.T.Varkey, JM

1.

1. This appeal has been filed by the revenue against the order of Ld. CIT(A)-2, Kolkata dated 26.09.2016 for AY 2012-13.

2.

At the time of hearing, neither anybody appeared on behalf of the assessee nor filed any application seeking adjournment. Case was earlier fixed for hearing on numerous dates and the same was adjourned for non-appearance of the assessee. On the last occasion i.e. on 27.11.2018 the case was adjourned to 10.01.2019 and the notice was issued by RPAD and through Ld. DR office. On 10.01.2019, when the matter was taken up for hearing no one represented on behalf of assessee. So, it gives an impression that assessee is not seriously interested in pursuing the appeal before the Tribunal. The Hon’ble Supreme Court in the case of CIT Vs. B. N. Bhattacharjee & Anr. 118 ITR 461 (SC) observed that preferring an appeal means effectively pursuing it and the law does not help a sleeping litigant. Hence, the assessee’s appeal is liable to be dismissed as un-admitted. We, therefore, relying upon the decision of ITAT Delhi Bench in the case of CIT Vs. Multiplan India (Pvt.) Ltd., 38 ITD 320 (Del), dismiss the appeal of the assessee for non-appearance.

Hulbert Distributors Pvt. Ltd., AY- 2012-13 3. We, further, make it clear that if the assessee is advised to move appropriate application to recall this order, then it is at liberty to do so for just cause and the Tribunal may decide in accordance to law.

4.

In the result, the appeal by the assessee is dismissed. Order is pronounced in the open court. Sd/- Sd/- (P. M. Jagtap) (Aby. T. Varkey) Vice President Judicial Member Dated : 10th January, 2019 Jd.(Sr.P.S.) Copy of the order forwarded to:

1.

Appellant – M/s. Hulbert Distributors Pvt. Ltd., 3, Saklat Place, Kolkata- 700 072. . Respondent – ITO, Ward-5(4), Kolkata. 2 3. CIT(A)-2, Kolkata. (sent through e-mail) CIT- , Kolkata. 4.

5.

DR, ITAT, Kolkata. (sent through e-mail)

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