SAMCO METALS & ALLOYS PVT. LTD. ,CHENNAI vs. ACIT CORPORATE CIRCLE 6(1) , CHENNAI

This appeal by the assessee is directed against the order passed by the Ld. Principal Commissioner of Income Tax, Chennai dated 30.01.2017 in C.No.6119(33)/PR CIT-6/2016-17 for the assessment year 2012-13 passed U/s.263 of the Act.

In this appeal, notice for hearing was sent to the assessee by Registered Post with Acknowledgement Card intimating the assessee that the appeal is fixed for hearing on 20.02.2018. However, on 20.02.2018, none appeared on behalf of the assessee, nor any request for adjournment was received. Moreover on the earlier occasions on 18.11.2017 & 04.12.2017 also the assessee had shown gross negligence by not representing its case before the Tribunal. Further the appeal is barred by limitation by five days and the assessee has not filed condonation petition.

In view of the above, we are of the considered opinion that the assessee is not interested in pursuing the appeal filed before this Tribunal. Hence, following the decision of the Delhi Bench in the case of CIT v. Multiplan India P. Ltd., reported in 38 ITD 320 and the judgment of the Hon'ble Madhya Pradesh High Court in the case of Late Tukojirao Holkar (223 ITR 480), we hereby dismiss the appeal in limine. The Registry is directed to dispatch this order to the assessee within a period of 7 days from this day.

In the result, the appeal of the assessee is dismissed.