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

Smt Rekha Malhotra, Kolkata vs. I.T.O WD - 28(4), Kolkata

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

ITA 1800/KOL/2013[2009-10]Status: DisposedITAT Kolkata28 Nov 2018AY 2009-10

Bench: Sh. Aby.T.Varkey & Sh. M.Balaganesh[Assessment Year: 2009-10] Vs Ito, Smt. Rekha Malhotra, K-465, New Alipore, Ground Floor, Ward-28(4), Kolkata-700053. Kolkata-700031. Pan-Adqpm9619J (Appellant) (Respondent) Appellant By None Respondent By Sh. Sourabh Kumar, Addl. Cit Sr.Dr Date Of Hearing 27.11.2018 Date Of Pronouncement 28.11.2018 Order Per M.Balaganeshthis Appeal Of The Assessee Arises Out Of The Order Of The Learned Commissioner Of Income Tax (Appeals)-Xiv, Kolkata [In Short The Ld Cit(A)] In Appeal No.840/Cit(A)-Xiv/Kol/11-12 Dated 20.03.2013 Passed Against The Order Passed By The Ito, Ward-28(4), Kolkata [In Short The Ld. Ao] Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 27.12.2011 For The Asst Year 2009-10. 2. This Appeal Was Fixed For Hearing On Several Dates. On 27.09.2018 The Case Was Adjourned To 27.11.2018. When The Case Was Called Up For Hearing, None Appeared On Behalf Of The Assessee & No Adjournment Petition Was Preferred By The Assessee. It Means That Assessee Is Not Interested To Prosecute The 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)

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “C”, KOLKATA BEFORE SH. ABY.T.VARKEY, JUDICIAL MEMBER AND SH. M.BALAGANESH, ACCOUNTANT MEMBER [Assessment Year: 2009-10] vs ITO, Smt. Rekha Malhotra, K-465, New Alipore, Ground Floor, Ward-28(4), Kolkata-700053. Kolkata-700031. PAN-ADQPM9619J (Appellant) (Respondent) Appellant by None Respondent by Sh. Sourabh Kumar, Addl. CIT Sr.DR Date of Hearing 27.11.2018 Date of Pronouncement 28.11.2018 ORDER PER M.BALAGANESH, ACCOUNTANT MEMBER This appeal of the assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-XIV, Kolkata [in short th…

M/S. Agr Automobiles Pvt. Ltd., Kolkata vs. ITO, Ward - 4(3), Kolkata

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

ITA 2342/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Nov 2018AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am M/S. Agr Automobiles Pvt. Ltd. Vs. Ito, Ward-4(3), Kolkata 3A, Garstin Place, 1St Floor, Kol-1. P-7, Chowringhee Square, Ayakar Bhawan, 8Th Floor, Kol- 69. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 0537 F (अपीलाथ" /Appellant) (""यथ" / Respondent) .. Appellant By : None Revenue By : Shri K. Mondal, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 27/09/2018 घोषणा क" तार"ख/Date Of Pronouncement: 14/11/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2012-2013, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-13, Kolkata Dated 31.07.2017. 2. Notice Of Hearing Of This Appeal Was Sent To The Assessee At The Address Given By The Assessee In Form No.36. The Said Notice Has Not Been Returned Unserved. This Appeal Was Listed For Hearing Before The Tribunal On 27.09.2018. Today I.E. On 27.09.2018 When The Case Was Called For Hearing, None Appeared On Behalf Of The Assessee Nor Any Request For Adjournment Was Made. It Means That Assessee Is Not Interested 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.Bhattachrgee & 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 :

For Appellant: NoneFor Respondent: Shri K. Mondal, Sr. DR

…ot interested 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.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 orde…