CONEFLOWER ENBUILD PVT. LTD.,KOLKATA vs. ITO, WARD - 6(1), KOLKATA, KOLKATA

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ITA 1426/KOL/2017Status: DisposedITAT Kolkata20 June 2018AY 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 non-appearance indicated a lack of interest in pursuing the appeal. Relying on judicial precedents, the Tribunal dismissed the appeal for non-prosecution.

What were the facts?

The assessee's appeal before the ITAT was scheduled for hearing. However, neither the assessee nor their representative appeared, nor was any adjournment application filed.

What were the issues?

Whether an appeal can be dismissed due to the assessee's non-appearance and lack of prosecution. The principle of law not assisting a sleeping litigant.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show 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.

Income Tax Appellate Tribunal, “D” BENCH: KOLKATA

Before: Shri S. S. Godara, JM & Shri M. Balaganesh, AM]

Hearing: 14.06.2018Pronounced: 20.06.2018

ORDER

Per Shri M. Balaganesh, AM

1.

This appeal by assessee is arising out of order of CIT(A)-23, Kolkata vide appeal No. 175/CIT(A)-23/W-6(1)/16-17 dated 01.03.2017. Assessment was framed by ITO, Wd-6(1), Kolkata u/s. 143(3) of the Income tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2012-13 vide his order dated 11.03.2015.

2.

At the time of hearing, neither anybody appeared on behalf of the assessee nor filed any application seeking adjournment. 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. 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, appeal of assessee is dismissed. Order is pronounced in the open court on 20.06.2018 Sd/- Sd/- (S. S. Godara) (M. Balaganesh) Judicial Member Accountant Member Jd.(Sr.P.S.) Dated :20th June, 2018

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