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

U.P. Arthroplasty Society, Kanpur vs. Commissioner of Income Tax (Exemption), Lucknow

In the result, appeal of the assessee stands dismissed

ITA 261/LKW/2018[2018-19]Status: DisposedITAT Lucknow22 Feb 2019AY 2018-19

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2018-19 U.P. Arthroplasty Society V. Cit (Exemption) 59/60, 1St Floor, Birhana Road Lucknow Kanpur Tan/Pan:Aaaau3390A (Appellant) (Respondent) Appellant By: None Respondent By: Shri S. K. Madhuk, Cit (Dr) Date Of Hearing: 12 02 2019 Date Of Pronouncement: 22 02 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal For Assessment Year 2018-19 Against The Order Of The Ld. Cit (Exemption), Lucknow Dated 8/2/2018 Passed Under Section 12Aa(1)(B)(Ii) Of The Act. 2. This Appeal Was Taken Up For Hearing On 12.2.2019, But None Appeared On Behalf Of The Assessee, Nor Any Application For Adjournment Has Been Filed. We Find That The Notice Of Hearing Had Been Sent Through Rpad To The Assessee, The Acknowledgement Of Which Has Been Received Back Showing Receipt Of Notice By The Assessee On 10/1/2019. Since The Assessee Did Not Appear Despite Having Knowledge Of The Date Of 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:-

For Appellant: NoneFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 12A

…ase laws:- ITA No.261/LKW/2018 Page 2 of 2 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) 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 22/02/2019. [T. S. KAP…

M/S Sushila Coke & Minerals, Hazaribagh vs. ITO WD-2(2), Hazaribagh

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

ITA 312/RAN/2016[2009-10]Status: DisposedITAT Ranchi13 Feb 2019AY 2009-10

Bench: Shri S.S, Godaraassessment Year:2009-10 M/S Sushila Coke & Commissioner Of Income- बनाम Minerals, Suresh Colony, Tax, Ravindra Path, / Hazaribagh V/S. Hazaribagh [Pan No. Abbfs 9152 R] .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri Chandan Das, Jcit-Dr ""यथ" क" ओर से/By Respondent 11-01-2019 सुनवाई क" तार"ख/Date Of Hearing 13-02-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2009-10 Arises Against The Commissioner Of Income Tax(Appeals) Hazaribag’S Order Dated 08.09.2016 Passed In Case No.19/Hzb/2015-16 Involving Proceedings U/S 147 Of The Income Tax Act, 1961; In Short ‘The Act’.

Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH “SMC” RANCHI Before Shri S.S, Godara, Judicial Member Assessment Year:2009-10 M/s Sushila Coke & Commissioner of Income- बनाम Minerals, Suresh Colony, tax, Ravindra Path, / Hazaribagh V/s. Hazaribagh [PAN No. ABBFS 9152 R] .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri Chandan Das, JCIT-DR ""यथ" क" ओर से/By Respondent 11-01-2019 सुनवाई क" तार"ख/Date of Hearing 13-02-2019 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R This assessee’s appeal for assessment year 2009-10 arises against the Commissioner of Income Tax(Appeals) Haz…

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…