COLLATE TIE UP PRIVATE LIMITED,KOLKATA vs. ITRO, TRO-2, KOLKATA, KOLKATA
What did the Tribunal hold?
The tribunal held that the appeal was not being diligently prosecuted by the assessee. Citing various precedents, the tribunal concluded that the appeal was liable to be dismissed for non-prosecution.
What were the facts?
The assessee's appeal for assessment year 2012-13 was listed for hearing. Despite notice, neither the assessee nor their representative appeared before the tribunal. No adjournment application was filed.
What were the issues?
Whether an appeal can be dismissed for non-prosecution when the assessee fails to appear for the hearing. The importance of actively pursuing an appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
- Estate of Late Tukojirao Holkar v. CWT2,040 citing223 ITR 480 · 1997 · HC
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA
Before: Shri S.S.Godara & Dr. A.L. Saini
O R D E R
PER S.S.Godara, Judicial Member:
- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-23, Kolkata’s order dated 06.03.2017, in case No.170/CIT(A)-23/TRO-2/16-17 in proceedings u/s 144 of the Income Tax Act, 1961.
Today when the case was called for hearing none appeared on behalf of the assessee nor was any application for an adjournment filed by the assessee in spite of issue of notice by RPAD. It appears that the assessee is not serious in prosecuting this appeal. Hence the appeal filed by the assessee is liable to be dismissed for non-prosecution. For this view, we find support from the following decisions:- "1. In the case of CIT vs B.N.Bhattacharjee and another, reported in 118 ITR 461 [relevant pages 477 & 478] wherein their Lordships have held that: "The appeal does not mean merely filing of the appeal but effectively pursuing it."
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