SHREE NURSING TIMBER & ELECTRIC STORES,KOLKATA vs. I.T.O WD - 362),KOLKATA, KOLKATA

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ITA 1567/KOL/2013Status: DisposedITAT Kolkata01 June 2016AY 2007-083 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee's failure to appear and prosecute the appeals indicates a lack of interest. Therefore, the appeals are liable to be dismissed for non-prosecution.

What were the facts?

The assessee filed appeals against the CIT(A) order for AY 2007-08. Despite multiple adjournments and proper notice, the assessee failed to appear for the hearings and did not file any adjournment petition.

What were the issues?

Whether an appeal can be dismissed for non-prosecution when the assessee fails to appear for hearings despite proper notice.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, “B” BENCH : KOLKATA

Before: Hon’ble Sri N.V.Vasudevan, JM & Shri M.Balaganesh, AM]

ORDER Per Bench These are appeals by the assessee against the order dated 11.03.2013 of CIT(A)- XX, Kolkata, relating to AY 2007-08.

2. Both the appeals came for hearing on 18.02.2016 for the first time and was adjourned to 07.04.2016. None appeared on behalf of the assessee on both the dates. It was again fixed for hearing on 30.05.2016. The notice was sent to the assessee for hearing by registered post with AD on 11.04.2016 to the address given by the assessee in column no.10 of Form No.36. But the notice returned unserved with the remark by the postal authorities as “Left”. However no one was present on behalf of the assessee on the date of hearing. Neither an adjournment petition was filed in respect of the above assessee It means that assessee is not interested to prosecute the appeal. Hence the appeals filed by the assessee are liable to be dismissed for non prosecution. For this view we find support from the following decisions :- “1. In the case of CIT vs B.N.Bhattachrgee and another, reported in 118 ITR 461 [relevant pages 477 & 478] wherein their Lordships have held that : “The appeal does not mean merely filing of the appeal but effectively pursuing it.”

2.

In the case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 (MP) while dismissing the reference made at the instance of the assessee in default made following observation in their order : “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.”

3.

In the case of Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the revenue as un admitted in view of the provisions of Rule 19 of the Appellate Tribunal Rules, 1963.

3. The assessee, if so desired, shall be free to move this Tribunal praying for recalling this order and explaining reasons for non-compliance etc. then this order may be recalled.

4.

In the result, the appeals of the assessee are dismissed for non-prosecution. Order pronounced in the Court on 01.06.2016.

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