SKM HOUSING PVT. LTD.,HOWRAH vs. ITO, WARD 13(4), 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 an appeal requires active prosecution and not just filing. Since the assessee failed to appear and prosecute the appeal, it was liable to be dismissed for non-prosecution.
What were the facts?
The assessee's appeal was listed for hearing before the ITAT. Despite proper notice, neither the assessee nor their representative appeared for the hearing, nor was any adjournment requested. This indicated a lack of interest 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 principle of 'vigilantibus non dormientibus, jura subveniunt' was also considered.
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
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant- SKM Housing Private Limited 1. ��यथ� / The Respondent.- ITO, Ward-13(4), Kolkata 2. आयकर आयु�त(अपील) / The CIT(A), Kolkata. 3. आयकर आयु�त / CIT 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता / DR, ITAT, Kolkata 5. गाड� फाईल / Guard file. 6.
//True Copy// By Order
Senior Private Secretary, Head of Office/D.D.O, I.T.A.T, Kolkata Benches, Kolkata.
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