JAYANTA GHOSH,KOLKATA vs. ITO, WD-33(2), KOLKATA, KOLKATA

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ITA 967/KOL/2016Status: DisposedITAT Kolkata28 February 2017AY 2005-20062 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 observed the assessee's conduct indicated a lack of serious interest in prosecuting the appeal. Applying the principle of 'vigilantibus, non dormientibus, jura subvenient', the appeal was treated as unadmitted and dismissed.

What were the facts?

The assessee filed an appeal before the ITAT, which was adjourned multiple times due to the assessee seeking adjournments. On the final hearing date, no one appeared on behalf of the assessee, nor was any adjournment application filed.

What were the issues?

Whether an appeal should be dismissed for non-prosecution when the assessee repeatedly fails to appear or provide reasons for absence.

Which sections of the Income-tax Act were involved?

Rule 19(2) of the ITAT Rules

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, KOLKATA ‘C(SMC

Before: Shri P.M. Jagtap

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-9, Kolkata dated 29.02.2016.

2.

In this case, the appeal filed by the assessee was initially fixed for hearing before the Tribunal on 28.09.2016. The assessee, however, sought adjournment on the said date and accordingly, the case was adjourned to 11.11.2016 when the ld. D.R. sought adjournment. The appeal of the assessee was again fixed for hearing on 27.12.2016, when the assessee again sought adjournment and accordingly the hearing was adjourned to 28.02.2017. On 28.02.2017, 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 he is not seriously interested in prosecuting this appeal filed before the Tribunal. ./2016 Assessment year: 2005-2006 Page 2 of 2

3.

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, I treat this appeal as unadmitted and dismiss the same for non- prosecution.

4.

In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on February 28, 2017.

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