SHRI SODHA VAJU BHAI,KOLKATA vs. THE ITO, WD-1, HALDIA, HALDIA
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 dismissed the appeal for want of prosecution, citing precedents where appeals are dismissed due to non-appearance and lack of steps for preparation. The assessee was granted liberty to seek recall if serious about pursuing the appeal.
What were the facts?
The assessee's appeal was listed for hearing, but neither the assessee nor their representative appeared. No adjournment application was filed, and there was no response despite proper notice. The tribunal inferred the assessee was not interested in pursuing the case.
What were the issues?
Whether an appeal can be dismissed for want of prosecution when the assessee fails to appear or pursue the case.
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 “B” KOLKATA
Before: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi
आदेश /O R D E R PER Waseem Ahmed, Accountant Member:-
This appeal filed by the assessee is against the order of Commissioner of Income Tax (Appeals)-7, Kolkata for the Assessment Year 2010-11 dated 19.02.2013.
When the matter was called upon for hearing no one appeared on behalf of the assessee, nor any application for adjournment was filed, there was no response from the side of the assessee though the notice of hearing was issued to the assessee by RPAD at the address furnished by the assessee in column 10 of the memo of appeal in form no.
From the above, it is inferred that the assessee is not interested in pursuing its case.
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 A.Y. 2010-11 Sh. Sodha Vaju Bhai Vs. ITO Wd.1, Haldia Page 2 CIT vs. Multiplan India Ltd., (38 ITD 320)(Del), the assessee’s appeal is liable to be dismissed for want of prosecution.
The Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) has held as under: "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."
Similarly, Hon'ble Punjab & Haryana High Court in the case of New Diwan Oil Mills vs. CIT (2008) 296 ITR 495) returned the reference an answered since the assessee remained absent and there was not any assistance from the assessee.
Their Lordships of Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) held that the appeal does not mean, mere filing of the memo of appeal but effectively pursuing the same.
Respectfully following the view taken in the cases cited supra, we dismiss the appeal of the assessee for non-prosecution. Before parting, we add that in case the assessee is serious in pursuing the appeal filed, then it would be at liberty to pray for a recall of this order by moving an appropriate petition, as per law.
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