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 367,282 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

Marigold Niketan Pvt. Ltd., Kolkata vs. ITO, Ward-9(1), Kolkata

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

ITA 249/KOL/2017[2009-2010]Status: DisposedITAT Kolkata13 Jun 2018AY 2009-2010

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2009-10 Marigold Niketan Pvt. V/S. Income Tax Officer, Ltd.,Amit Jain, M/S M. Ward-9(1) Jain & Associates 9/12, Lal Bazar Street, Block- E, 4Th Floor, Room No.15A, Kolkata-001 [Pan No.Aafcm 4272 L] .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Sanjay Mukherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 11-06-2018 सुनवाई क" तार"ख/Date Of Hearing 13-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2009-10 Arises Against The Commissioner Of Income Tax (Appeals)-2, Kolkata’S Order Dated 15.11.2016, 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 8.N.Bhattacharjee & 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."

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 8.N.Bhattacharjee 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." ITA No.249/Kol/2017 A.Y. 2009-10 Marigold Niketan Pvt. Ltd. Vs. ITO Wd-9(1) Kol. Page 2 3. In the case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 (MP) while dismissing the reference ma…