M/S. DALHA EXPORTS PVT. LTD.,KOLKATA vs. ITO, WARD - 7(3), KOLKATA, KOLKATA

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ITA 270/KOL/2016Status: DisposedITAT Kolkata27 November 2017AY 2008-093 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 an appeal requires effective prosecution, not just filing. Since the assessee failed to appear and prosecute the appeal, it was dismissed for non-prosecution.

What were the facts?

The assessee's appeal against the CIT(A) order for AY 2008-09 was listed for hearing. The notice sent to the assessee was returned unserved with the endorsement 'Gone away'. No one appeared on behalf of the assessee during the hearing.

What were the issues?

Whether an appeal can be dismissed for non-prosecution when the appellant fails to appear for the hearing.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show 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.

Income Tax Appellate Tribunal, “D” BENCH : KOLKATA

Before: Hon’ble Sri N.V.Vasudevan, JM & Dr. Arjun Lal Saini, AM]

Date of Hearing : 27.11.2017. Date of Pronouncement : 27.11.2017. ORDER Per N.V.Vasudevan, JM

This is an appeal by the Assessee against the order dated 21.01.2016 of C.I.T.(A)-16, Kolkata relating to A.Y.2008-09.

2.

Notice of hearing of this appeal was sent to the assessee by registered post with AD at the address given in Form No.36 by the assessee. The same has however been returned unserved with the endorsement as “Gone away” by the postal authorities.. When the case was called for hearing none appeared on behalf of the assessee. It appears that assessee is not interested in prosecuting this 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 :- “1. In the case of CIT vs B.N.Bhattachargee 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.” 2. 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 :

M/s. Dalha Exports Pvt. Ltd. A.Yr.2008-09

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.

3.

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 desired, shall be free to move this Tribunal praying for recalling this order and explaining reasons for non-compliance etc. then this order may be recalled.

4.

In the result, the appeal of the assessee is dismissed for non-prosecution. Order pronounced in the Court on 27.11.2017.

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