SGM TRANSWAYS,HOWRAH vs. ITO, WD-56(1), KOLKATA, KOLKATA

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ITA 1403/KOL/2015Status: DisposedITAT Kolkata26 July 2016AY 2010-20112 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, citing the principle that the law assists the vigilant and not those who sleep on their rights, treated the appeal as unadmitted. The appeal was dismissed for non-prosecution.

What were the facts?

The assessee filed an appeal before the ITAT. Despite proper service of notice, no one appeared on behalf of the assessee for the hearing, nor was an adjournment requested. This indicated a lack of interest in prosecuting the appeal.

What were the issues?

Whether an appeal should be dismissed for non-prosecution when the assessee fails to appear for the hearing despite due notice.

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 ‘B(SMC

Before: Shri P.M. Jagtap

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-12, Kolkata dated 07.09.2015.

2.

At the time of hearing fixed in this case today, none has appeared on behalf of the assessee nor any application seeking adjournment has been filed despite the fact that the notice of the said hearing sent to the assessee by Registered Post with A/D at the address given in the appeal memo has been duly served on the assessee, the proof of which is available on record. It appears that the assessee is not seriously interested in prosecuting this appeal filed before the Tribunal. ./2015 Assessment year: 2010-2011 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 July 26, 2016.

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