SHIVAM INDIA LTD.,KOLKATA vs. CIT, KOLKATA-1, KOLKATA

आदेश /O R D E R

PER Waseem Ahmed, Accountant Member:-

This is an appeal filed by the assessee against the order of Commissioner of Income Tax, Kolkata-I for the assessment year 2009-10, in the matter of order passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 31.03.2014. 2. At the time of hearing none appeared on behalf assessee nor filed any adjournment application. Hence, it appears that the assessee is not interested in prosecuting the appeal.

A.Y. 2009-10 Shivam India Ltd. Vs. CIT-Kol-I Page 2 3. In view of the decisions in the case of CIT Vs. Multiplan (I) Ltd., reported in 38 ITD 320 (Del.), Hon’ble MP High Court in the case of Estate of Late Tukjirao Holkar Vs. CWT 223 ITR 480 and Hon’ble Punjab and Haryana High Court in the case of New Diwan Oil Mills Vs. CIT 296 ITR 495 (P & H) and the Hon’ble Suprme Court in the case of CIT Vs. B.N.Bhattacharjee & another 296 ITR 495 (SC), laying down proposition that a litigant has not only to file an appeal but has to prosecute the same diligently and on failure to so prosecute the appeal can be dismissed for non prosecution, so assessee would be at liberty to pray for a recall of this order by moving an appropriate petition, as per law. We dismiss the appeal of the assessee in limine for want of prosecution.