CIT v. B.N. Bhattacharya & Another

118 ITR 461Supreme Court of India1997#19 most cited

What is CIT v. B.N. Bhattacharya & Another authority for?

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

1,656

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. B.N. Bhattacharya · 118 ITR 461 · appeal · pursuing appeal · effectively pursuing appeal · filing appeal · assistance from assessee · opportunity of being heard · section 250 · section 250(6)

Issues it is cited on

Judgments citing CIT v. B.N. Bhattacharya & Another

M/S Rachna Enterprises, Narsinghpur vs. Income Tax Officer, Narsinghpur

In the result, appeal of the assessee stands dismissed

ITA 219/JAB/2018[2013-14]Status: DisposedITAT Jabalpur03 Apr 2019AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2013-14 M/S Rachna Enterprises V. Income Tax Officer Kandeli Narsinghpur Narsinghpur Tan/Pan:Aaffr2406J (Appellant) (Respondent) Appellant By: None Respondent By: Shri P. D. Choughale, D.R. Date Of Hearing: 03 04 2019 Date Of Pronouncement: 03 04 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)-1, Jabalpur, Dated 28/8/2018, For Assessment Year 2013-14. 2. This Appeal Was Taken Up For Hearing On 3/4/2019, But None Appeared On Behalf Of The Assessee, Nor Any Application For Adjournment Has Been Filed. On Perusal Of Record, It Is Noticed That The Notice Of Hearing Was Duly Served On The Assessee, As It Was Issued Through Rpad. Since The Assessee Did Not Appear On The Date Fixed For Hearing, It Appears That The Assessee Is Not Interested In Prosecuting The Appeal. As Such, We Hold That The Appeal Is Liable To Be Dismissed For Non- Prosecution. In This Regard, We Place Reliance Upon The Following Case Laws:- 1. Cit Vs. Multiplan India Ltd., 38 Itd 320 (Del) 2. Estate Of Late Tukojirao Holkar Vs. Cwt, 223 Itr 480 (M.P.) 3. New Diwan Oil Mills Vs. Cit (2008), 296 Itr 495 (P& H)

For Appellant: NoneFor Respondent: Shri P. D. Choughale, D.R

…ase laws:- 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) ITA No.219/JAB/2018 Page 2 of 2 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) 3. Respectfully following the view taken in the cases cited (supra), we dismiss the appeal filed by the assessee for non- prosecution. The assessee may, however, get it revived by showing sufficient cause for non-appearance. 4. In the result, appeal of the assessee stands dismissed. Order pronounced in the open Court on 03/04/2019. [T. S. KA…

Rfiq Bhai, Seoni vs. Income Tax Officer Ward-Seoni, Seoni

In the result, appeal of the assessee stands dismissed

ITA 154/JAB/2018[2009-10]Status: DisposedITAT Jabalpur03 Apr 2019AY 2009-10

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2009-10 Rafiq Bhai V. Income Tax Officer Ward No.7 Ward Mominpura, Barghat Seoni Seoni Tan/Pan:Ajtpb3919P (Appellant) (Respondent) Appellant By: None Respondent By: Shri P. D. Chougale, D.R. Date Of Hearing: 03 04 2019 Date Of Pronouncement: 03 04 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)-1, Jabalpur, Dated 24/4/2018, For Assessment Year 2011-12. 2. This Appeal Was Taken Up For Hearing On 3/4/2019, But None Appeared On Behalf Of The Assessee, Nor Any Application For Adjournment Has Been Filed. On Perusal Of Record, It Is Noticed That The Notice Of Hearing Was Duly Served On The Assessee, As It Was Issued Through Rpad. Since The Assessee Did Not Appear On The Date Fixed For Hearing, It Appears That The Assessee Is Not Interested In Prosecuting The Appeal. As Such, We Hold That The Appeal Is Liable To Be Dismissed For Non- Prosecution. In This Regard, We Place Reliance Upon The Following Case Laws:- 1. Cit Vs. Multiplan India Ltd., 38 Itd 320 (Del) 2. Estate Of Late Tukojirao Holkar Vs. Cwt, 223 Itr 480 (M.P.) 3. New Diwan Oil Mills Vs. Cit (2008), 296 Itr 495 (P& H)

For Appellant: NoneFor Respondent: Shri P. D. Chougale, D.R

…se laws:- 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) ITA No.154/JAB/2018 Page 2 of 2 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) 3. Respectfully following the view taken in the cases cited (supra), we dismiss the appeal filed by the assessee for non- prosecution. The assessee may, however, get it revived by showing sufficient cause for non-appearance. 4. In the result, appeal of the assessee stands dismissed. Order pronounced in the open Court on 03/04/2019. [T. S. KA…

Shri Vasudeo Khatri, Seoni vs. Income Tax Officer Ward-Seoni, Seoni

In the result, appeal of the assessee stands dismissed

ITA 153/JAB/2018[2009-10]Status: DisposedITAT Jabalpur03 Apr 2019AY 2009-10

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2009-10 Shri Vasudeo Khatri V. Income Tax Officer Nirmal Colony Ward, Seoni Barapathar, Seoni Tan/Pan:Ahppk7583A (Appellant) (Respondent) Appellant By: None Respondent By: Shri P. D. Chougale, D.R. Date Of Hearing: 02 04 2019 Date Of Pronouncement: 03 04 2019 O R D E R Per T. S. Kapoor, A.M.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)-1, Jabalpur, Dated 24/4/2018, For Assessment Year 2011-12. 2. This Appeal Was Taken Up For Hearing On 2/4/2019, But None Appeared On Behalf Of The Assessee, Nor Any Application For Adjournment Has Been Filed. Since The Assessee Did Not Appear On The Date Fixed For Hearing, It Appears That The Assessee Is Not Interested In Prosecuting The Appeal. As Such, We Hold That The Appeal Is Liable To Be Dismissed For Non-Prosecution. In This Regard, We Place Reliance Upon The Following Case Laws:- 1. Cit Vs. Multiplan India Ltd., 38 Itd 320 (Del) 2. Estate Of Late Tukojirao Holkar Vs. Cwt, 223 Itr 480 (M.P.) 3. New Diwan Oil Mills Vs. Cit (2008), 296 Itr 495 (P& H) 4. Cit Vs. B. N. Bhattachargee & Another, 118 Itr 461(Sc)

For Appellant: NoneFor Respondent: Shri P. D. Chougale, D.R

…lace reliance upon the following case laws:- 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) ITA No.153/JAB/2018 Page 2 of 2 3. Respectfully following the view taken in the cases cited (supra), we dismiss the appeal filed by the assessee for non- prosecution. The assessee may, however, get it revived by showing sufficient cause for non-appearance. 4. In the result, appeal of the assessee stands dismissed. Order pronounced in the o…

Shri Rameshwar Sarle, Betul vs. Income Tax Officer, Betul

In the result, appeal of the assessee stands dismissed

ITA 148/JAB/2018[2009-10]Status: DisposedITAT Jabalpur03 Apr 2019AY 2009-10

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2009-10 Shri Rameshwar Sarle V. Income Tax Officer At Post Badodra, Betul Betul Tan/Pan:Bzips2120M (Appellant) (Respondent) Appellant By: None Respondent By: Shri P. D. Chougale, D.R. Date Of Hearing: 02 04 2019 Date Of Pronouncement: 03 04 2019 O R D E R Per T.S. Kapoor, A.M.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)-I, Bhopal, Dated 15/5/2018, For Assessment Year 2009-10. 2. This Appeal Was Taken Up For Hearing On 2/4/2019, But None Appeared On Behalf Of The Assessee, Nor Any Application For Adjournment Has Been Filed. Since The Assessee Did Not Appear On The Date Fixed For Hearing, It Appears That The Assessee Is Not Interested In Prosecuting The Appeal. As Such, We Hold That The Appeal Is Liable To Be Dismissed For Non-Prosecution. In This Regard, We Place Reliance Upon The Following Case Laws:- 1. Cit Vs. Multiplan India Ltd., 38 Itd 320 (Del) 2. Estate Of Late Tukojirao Holkar Vs. Cwt, 223 Itr 480 (M.P.) 3. New Diwan Oil Mills Vs. Cit (2008), 296 Itr 495 (P& H) 4. Cit Vs. B. N. Bhattachargee & Another, 118 Itr 461(Sc)

For Appellant: NoneFor Respondent: Shri P. D. Chougale, D.R

…lace reliance upon the following case laws:- 1. CIT vs. Multiplan India Ltd., 38 ITD 320 (Del) 2. Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.) 3. New Diwan Oil Mills vs. CIT (2008), 296 ITR 495 (P& H) 4. CIT vs. B. N. Bhattachargee and Another, 118 ITR 461(SC) ITA No.148/JAB/2018 Page 2 of 2 3. Respectfully following the view taken in the cases cited (supra), we dismiss the appeal filed by the assessee for non- prosecution. The assessee may, however, get it revived by showing sufficient cause for non-appearance. 4. In the result, appeal of the assessee stands dismissed. Order pronounced in the o…

Max Cot Merchants Pvt. Ltd., Kolkata vs. ITO, Ward - 1(4), Kolkata

In the result, the appeal of the assessee is dismissed for non-prosecution

ITA 1390/KOL/2018[2012-13]Status: DisposedITAT Kolkata29 Mar 2019AY 2012-13

Bench: Sri P.M. Jagtap, Vice- & Sri S.S. Viswanethra Ravi] I.T.A. No. 1390/Kol/2018 Assessment Year: 2012-13 Max Cot Merchants Pvt. Ltd……..............………………………………………………….…….…..............…...Appellant C/O P.K. Himmatsinghka & Co. 41,B.B. Ganguly Street 2Nd Floor Central Plaza Kolkata – 700 012 [Pan : Aabcm 8954 B] Income Tax Officer, Wd-1(4), Kolkata….............………………………………………….……………..…. Respondent Appearances By: None, Appeared On Behalf Of The Assessee. Shri Shankar Halder, Jcit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 2Nd, 2019 Date Of Pronouncing The Order : March 29Th , 2019 O R D E R Per S.S. Viswanethra Ravi, Jm :-

Section 250Section 271(1)(b)

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘D’ BENCH, KOLKATA [Before Sri P.M. Jagtap, Vice-President & Sri S.S. Viswanethra Ravi, Judicial Member] I.T.A. No. 1390/Kol/2018 Assessment Year: 2012-13 Max Cot Merchants Pvt. Ltd……..............………………………………………………….…….…..............…...Appellant C/o P.K. Himmatsinghka & Co. 41,B.B. Ganguly Street 2nd Floor Central Plaza Kolkata – 700 012 [PAN : AABCM 8954 B] Income Tax Officer, Wd-1(4), Kolkata….............………………………………………….……………..…. Respondent Appearances by: None, appeared on behalf of the assessee. Shri Shankar Halder, JCIT, Sr. DR appearing on behalf of the…