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…