Maa Transport Agency, Paschim Medinipur vs. ITO, Ward 2(2), Asansol, Paschim Medinipur
In the result, the appeal of the Assessee is dismissed for non- prosecution
ITA 750/KOL/2017[2011-12]Status: DisposedITAT Kolkata13 Feb 2019AY 2011-12
Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Maa Transport Agency V/S. Income Tax Officer, C/O Kanchan Sadhu, Ward-1(2), Permer Advocate, Building, 54, G.T. Vivekanandapark, P.O. Road, (West), Nr. Ramkrishnamission, Dist. B.N.R. P,O. Pachim Bardhaman, Pin- Asansol, Dist. 713305 Pachm Bardhaman, [Pan No.Aakfm 9822 A] Pin-7133-4 .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 04-02-2019 सुनवाई क" तार"ख/Date Of Hearing 13-02-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Bench:- This Assessee’S Appeal For Assessment Year 2011-12 Challenges Correctness Of Commissioner Of Income Tax (Appeals)-Asansol’S Order Dated 28.02.2017, Passed In Case No.165/Cit(A)/Asl/Ward-2(2)/Asl/14-15, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961. 2. Today When The Case Was Called For Hearing None Appeared On Behalf Of The Assessee Nor Was Any Application For An Adjournment Filed By The Assessee In Spite Of Issue Of Notice By Rpad. It Appears That The Assessee Is Not Serious In Prosecuting This Appeal. Hence The Appeal Filed By The Assessee Is 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.Bhattacharjee & Another, Reported In 118 Itr 461 [Relevant Pages 477 & 478] Wherein Their Lordships Have Held That:
Section 143(3)
…is not serious in prosecuting this appeal. Hence the appeal filed by the assessee is 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.Bhattacharjee and another, reported in 118 ITR 461 [relevant pages 477 & 478] wherein their Lordships have held that: ITA No.750/Kol/2017 A.Y, 2011-12 Maa Transport Agency. vs, ITO Wd-2(2), Asl. Page 2 "The appeal does not mean merely filing of the appeal but effectively pursuing it." 3. In the case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 (MP) while dismissing the reference made a…