NAINA TRADERS PRIVATE LIMITED,KOLKATA vs. ITO, WARD 1(2), KOLKATA, KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal was liable to be dismissed for non-prosecution, citing several judicial precedents. The assessee was given the liberty to move the Tribunal for recalling the order by providing proper reasons for non-compliance.
What were the facts?
The assessee's appeal was fixed for hearing, but no one appeared on behalf of the assessee, nor was any adjournment petition filed. The Tribunal noted that the assessee appeared to be uninterested in pursuing the appeal.
What were the issues?
Whether an appeal can be dismissed for non-prosecution when the appellant fails to appear for the hearing. The Tribunal's power to dismiss an appeal for want of prosecution.
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, “D” BENCH : KOLKATA
Before: Hon’ble Shri A.T.Varkey, JM & Sri M.Balaganesh, AM,]
ORDER Per M.Balaganesh, AM
This appeal of the assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-1, Kolkata [in short the ld CITA] in Appeal No.633/CIT(A)- I/W-1(2)/2015-16 dated 31.01.2017 passed against the order passed by the ITO, Ward- 1(2), Kolkata [in short the ld. AO] under section 143(3)/144 of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) dated 16.03.2015 for the Asst Year 2012-13.
2. This appeal was fixed for hearing on 18.04.2018 on which date an adjournment was sought and the case was accordingly adjourned to 20.06.2018. When the case was called up for hearing, none appeared on behalf of the assessee and no adjournment petition was preferred by the assessee. It means that assessee is not interested to prosecute the 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 :-
Naina Traders Pvt. Ltd. A.Yr.2012-13
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.
In the case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 (MP) while dismissing the reference made at the instance of the assessee in default made following observation in their order : “If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference.”
In the case of Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the revenue as un admitted in view of the provisions of Rule 19 of the Appellate Tribunal Rules, 1963.
3. The assessee, if so desires, shall be free to move this Tribunal praying for recalling this order by explaining with proper reasons for non-compliance, then this order may be recalled.
In the result, the appeal of the assessee is dismissed for non-prosecution.
Order pronounced in the Court on 20.06.2018
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