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Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi
Per Bench: Out of these four appeals filed by the assessee, three appeals being 1698 & 1700/KOL/2014 are directed against three separate orders of ld. CIT(Appeals), Central-III, Kolkata, all dated 24.06.2014 whereby he confirmed the penalties imposed by the Assessing Officer for A.Ys. 2003-04, 2004-05 & 2005-06 under section 271(1)(c), while the fourth appeal being ITA No. 1699/KOL/2014 is directed against the order of ld. CIT(Appeals), Central-III, Kolkata dated 24.06.2014 whereby he upheld the order passed by the Assessing Officer under section 143(3)/263 thereby confirming the two additions made by the Assessing Officer on account of unexplained cash credit under section 68 and disallowing some depreciation.
, 1698, 1699 & 1700/KOL./2014 Assessment year: 2003-2004, 2004-05, 2005-06 & 2005-06 Page 2 of 3 2. The appeals filed by the assessee in this case were initially fixed for hearing on 23.03.2017. The Bench, however, did not function on the said date and the hearing, therefore, was adjourned to 11.05.2017. On 11.05.2017, the assessee sought adjournment and accordingly the hearing was adjourned to 22.06.2017. On 22.06.2017, i.e. today, none, however, has appeared on behalf of the assessee nor any application seeking adjournment has been filed. It appears from this conduct of the assessee that it is not seriously interested in prosecuting these appeals filed before the Tribunal.
The law assists those who are vigilant and not those who sleep over their rights. This principle is embodied in the well known dictum - “vigilantibus, non dormientibus, jura subvenient”. Considering the facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules as was considered in the case of CIT –vs.- Multiplan India Pvt. Ltd. 38 ITD 320 (Del.) and the judgment of the Hon’ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar –vs.- C.W.T. reported in 223 ITR 480, we treat these appeals as unadmitted and dismiss the same for non- prosecution.
In the result, all the appeals filed by the assessee are dismissed.
Order pronounced in the open Court on June 22, 2017.
Sd/- Sd/- (S.S. Viswanethra Ravi) (P.M. Jagtap) Judicial Member Accountant Member Kolkata, the 22nd day of June, 2017 Copies to : (1) M/s. Dhiraj Enterprises Pvt. Limited, 52/4/1, Ballygunge Circular Road, Kolkata-700 019 (2) Income Tax Officer, Ward-12(1), Kolkata, P-7, Chowringhee Square, Kolkata-700 069 , 1698, 1699 & 1700/KOL./2014 Assessment year: 2003-2004, 2004-05, 2005-06 & 2005-06 Page 3 of 3