M/S. SATI TRADE AGENCY (P) LTD.,KOLKATA vs. ITO, WARD-5(1)/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 assessee's failure to appear and prosecute the appeal indicates a lack of interest. 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 assessment year 2008-09. The assessee had also failed to appear before the CIT(A) during the earlier proceedings.
What were the issues?
The primary issue was whether an appeal should be dismissed for non-prosecution due to the appellant's absence and failure to take necessary steps.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)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
- New Diwan Oil Mills v. CIT351 citing296 ITR 495 · 2008 · HC
Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA
Before: Shri Aby.T Varkey & Shri Waseem Ahmed
O R D E R
PER Waseem Ahmed, Accountant Member:
- This appeal by the assessee for the assessment year 2008-09 is directed against the order of Commissioner of Income Tax (Appeals)-2, Kolkata dated 22.02.2016.
Today when the matter was called on for hearing, there was no response from the side of the assessee nor filed any adjournment application filed by the assessee though notice of hearing was sent to assessee through RPAD. It was also observed that the assessee also failed to appear before the ld. CIT-A during the appeal late proceedings. Therefore the appeal was decided by the ld. CIT-A ex- parte. From the above, it is inferred that the assessee is not interested in pursuing its case before us as well.
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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