JITENDRA NATH BAG,PASCHIM MEDINUPUR vs. ITO, WARD - 1(1), MIDNAPORE, PASCHIM MEDINIPUR

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ITA 2265/KOL/2017Status: DisposedITAT Kolkata19 December 2018AY 2007-082 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 the consistent non-appearance of the assessee. Citing legal principles and precedents, the Tribunal decided to dismiss the appeal for non-prosecution.

What were the facts?

The assessee filed an appeal against a penalty order for AY 2007-08. Neither the assessee nor their representative appeared before the CIT(A) or the ITAT despite multiple notices.

What were the issues?

Whether the appeal should be dismissed due to the assessee's failure to prosecute it before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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, KOLKATA BENCH “D”, KOLKATA

Hearing: 05.12.2018Pronounced: 19.12.2018

(ASSESSMENT YEAR-2007-08) Jitendra Nath Bag, vs ITO, Ratan Kumar Guha, Ward-1(1), Midnapore, Advocate, At.-Kshudiram Keranitola, Paschim Nagar, Midnapore, Dist.- Midnapore, PIN-721101. Paschim Medinipur, Pin-721101. PAN-AHCPB0582H (Appellant) (Respondent) Appellant by None Respondent by Sh.S. Halder, Sr. DR Date of Hearing 05.12.2018 Date of Pronouncement 19.12.2018 ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER

1.

This appeal filed by the assessee against the order dated 30.10.2013 passed by CIT(A)-XXXVI, Kolkata for AY 2007-08.

2.

At the time of hearing, we find no representation on behalf of the assessee nor any application filed seeking adjournment. It is noted that the assessee filed the appeal before CIT(A), challenging the action of the AO imposing penalty u/s 271(1)(c) of the Income Tax Act, 1961 (in short “Act”). Before CIT(A), there was no representation on behalf of the assessee and the CIT(A) decided the issue against the assessee by confirming the penalty imposed by the AO. Before us, it is noted that the Registry, ITAT, Kolkata issued notice dated 01.102.018 intimating the fixation of date of hearing on 24.10.2018 by RPAD. However, no one representing the assessee appeared on 24.10.2018 and this Tribunal for non-appearance of the assessee, adjourned the appeal to 05.12.2018 i.e. today. Accordingly, Registry, ITAT again issued a notice dated (ASSESSMENT YEAR-2007-08) 13.10.2018 intimating the assessee the date of fixation of hearing on 05.12.2018. But, however, we find no representation on behalf of the assessee. Therefore, it appears that the assessee is not interested in prosecuting the appeal before the Tribunal. 3. 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. 4. In the result, the appeal of the assessee is dismissed for non prosecution. Order pronounced in the open court on 19.12.2018.

Sd/- Sd/- (A.L.SAINI) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ Date:- 19.12.2018 *Amit Kumar* Copy forwarded to:

1. 1. Appellant- Jitendra Nath Bag, Ratan Kumar Guha, Advocate, At.- Kshudiram Nagar, Midnapore, Dist.-Paschim Medinipur, Pin- 721101.

2. Respondent- ITO, Ward-1(1), Midnapore, Keranitola, Paschim Midnapore, PIN-721101.

3. CIT-Kolkata 4. CIT(Appeals)-Kolkata 5. DR: ITAT -Kolkata Benches By order

AR/H.O.O ITAT, KOLKATA

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