M/S. ENFIELD GEMS & JEWELLERY LTD.,KOLKATA vs. DCIT, CEN. CIR-1(2), KOLKATA, KOLKATA

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ITA 392/KOL/2017Status: DisposedITAT Kolkata23 March 2018AY 2013-142 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 was not interested in pursuing its case. Following established legal precedents, the appeal was dismissed for want of prosecution.

What were the facts?

The assessee failed to appear before the ITAT for the hearing of their appeal for the assessment year 2013-14, despite receiving a notice. The assessee had also not appeared before the lower authorities, who had passed ex parte orders.

What were the issues?

The primary issue was the assessee's failure to prosecute their appeal, leading to the dismissal of the case.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

Before: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

O R D E R

PER Waseem Ahmed, Accountant Member:

1.

- This appeal by the assessee for the assessment year 2013-14 is directed against the order of Commissioner of Income Tax (Appeals)-20, Kolkata dated 23.12.2016.

2.

Today when the matter was called on for hearing, there was no response from the side of the assessee nor any adjournment application was filed by the assessee though notice of hearing was sent to assessee through RPAD. At the outset, we also find that assessee had also not appeared before the Authorities Below and both Authorities Below passed ex parte order. From the above, it is inferred that the assessee is not interested in pursuing its case.

3.

Considering the facts of the case and keeping in view the provisions of rule 19(2) of the Income-tax Appellate Tribunal Rules as were considered in the case of CIT vs. Multiplan India Ltd., (38 ITD 320)(Del), the assessee’s appeal is liable to be dismissed for want of prosecution.

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