DOWELL FISCAL SERVICES PVT. LTD.,KOLKATA vs. ITO, WARD - 6(1), KOLKATA, KOLKATA

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ITA 750/KOL/2010Status: DisposedITAT Kolkata10 February 2016AY 2006-072 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 noted the assessee's lack of interest in prosecuting the case. Following established precedents, the Tribunal dismissed the appeal in limine for want of prosecution.

What were the facts?

The assessee filed an appeal against the order of the Commissioner of Income-tax (Appeals). The case was adjourned multiple times, and on the final hearing date, neither the assessee nor their representative appeared, nor was an adjournment petition filed.

What were the issues?

Whether the appeal should be dismissed due to the assessee's failure to prosecute the case.

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, “C” BENCH : KOLKATA

Before: Hon. Sri Mahavir Singh, & Hon. Sri M.Balaganesh

This is an appeal filed by the assessee against order of the learned Commissioner of Income-tax (Appeals), VI, Kolkata in appeal no. 554/CIT(A)- VI/08-09/Wd-6(1) dated 11-01-2010 for the assessment year 2006-07.

2.

The case was posted for hearing on various dates. Both the parties sought adjournment and finally the case was fixed for hearing on 10-02-2016. Even on 10-02-2016 none appeared on behalf of the assessee nor any adjournment petition was filed. It appears that the assessee is not interested in prosecuting its case. In view of the above, following the decision of the ITAT, Delhi Bench in the case of Multiplan India (P) Limited reported in 38 ITD 320(Del) and Hon’ble M.P High

M.P- M/s. Dowell Fiscal Services Pvt.Ltd Court in the case of Estate of late Tukojirao Holkar Vs. CWT reported in (223 ITR 480(MP), we dismiss the appeal of the assessee in limine for want of prosecution.

3.

In the result the appeal of the assessee is dismissed.

THIS ORDER IS PRONOUNCED IN OPEN COURT ON Dt 10-02-2016

Sd/- Sd/- (M. Balaganesh, Accountant Member) ( (Mahavir Singh, Judicial Member ) Date: 10- 02-2016 *PP Sr.PS

Copy of the order forwarded to:

1.

Appellant) : M/s. Dowell Fiscal Services Pvt. Ltd 5/5 Clive Row, 4th Fl., R.No. 110,Kolkata-700 001. 2 Respondent): Income Tax Officer Ward 6(1), P-7 Chowringhee Sq, 8th Fl., Kol-69. The CIT, 3.

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