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 367,181 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

Ms Soma Paul, Kolkata vs. ITO, WD-24(2), Kolkata

In the result, the appeal filed by the assessee, is dismissed, for non prosecution

ITA 981/KOL/2016[2010-2011]Status: DisposedITAT Kolkata27 Nov 2017AY 2010-2011

Bench: Shri N. V. Vasudevan, Jm & Dr. A.L.Saini, Am Ms. Soma Paul Vs. I.T.O, Ward-24(2), Kolkata 41, P.C. Ghosh Road, Kolkata – 700 169, A.J.C Bose Road, 048. Bamboovila, 9Th Floor, Kolkata – 700 014. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Axbpp 0510 E (अपीलाथ" /Appellant) (""थ" / Respondent) .. Appellant By : None Revenue By : Shri Shri Arindam Bhattacharjee, Addl. Cit सुनवाई की तारीख / Date Of Hearing : 27/11/2017 घोषणा की तारीख/Date Of Pronouncement: 27/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-19, Kolkata Dated 31.03.2016. 2. This Case Was Listed For Hearing Before The Tribunal On 27.11.2017 & For This Assessee Was Informed. Today I.E. On 27.11.2017 When The Case Was Called On Board, None Appeared On Behalf Of The Assessee Nor Any Request For Adjournment Has Been Filed Before The Tribunal Despite The Service Of Notice Upon The Assessee. It Seems That The Assessee Is Not Interested In Prosecuting Her Appeal; Hence, The Appeal Filed By The Assessee Is Liable To Be Dismissed, For Non-Prosecution. In Our Above View, We Find Support From The Following Decisions: (1) In The Case Of Cit Vs. B.N. Bhattachargee & 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 (M.P.) While Dismissing The Reference Made At The Instance Of The Assessee In Default Made Following Observation In Their Order: “If The Party, At Whose Instance The Reference Is Made, Fails To Appear At The Hearing, Or Fails In Taking Steps For Preparation Of The Paper Books So As To Enable Hearing Of The Reference, The Court Is Not Bound To Answer The Reference.”

For Appellant: NoneFor Respondent: Shri Shri Arindam Bhattacharjee, Addl. CIT

…IN THE INCOME TAX APPELLATE TRIBUNAL “D”, BENCH KOLKATA BEFORE SHRI N. V. VASUDEVAN, JM & DR. A.L.SAINI, AM Ms. Soma Paul Vs. I.T.O, Ward-24(2), Kolkata 41, P.C. Ghosh Road, Kolkata – 700 169, A.J.C Bose Road, 048. Bamboovila, 9th Floor, Kolkata – 700 014. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AXBPP 0510 E (अपीलाथ" /Appellant) (""थ" / Respondent) .. Appellant by : None Revenue by : Shri Shri Arindam Bhattacharjee, Addl. CIT सुनवाई की तारीख / Date of Hearing : 27/11/2017 घोषणा की तारीख/Date of Pronouncement: 27/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, AM: The captioned appeal filed by the assessee, pert…

M.S Shah Developers, Mumbai vs. ACIT 15(2), Mumbai

In the result, the appeals are dismissed

ITA 7172/MUM/2012[2009-10]Status: DisposedITAT Mumbai24 Nov 2017AY 2009-10

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2009-10 M/S M.S. Shah Acit-15(2), Developers, 102/B-3, Vs. Matru Mandir, R. Greenfield Society, No. 113, Grant Road Mapkhan Nagar, Marol, (W), Andheri (E), Mumbai-400007 Mumbai-400059. Pan No. Abbfs1494C Appellant Respondent Assessment Year: 2009-10 Acit-15(2), M/S M.S. Shah Developers, Matru Mandir, R. No. Vs. 102/B-3, Greenfield 113, Grant Road (W), Society, Mapkhan Nagar, Mumbai-400007 Marol, Andheri (E), Mumbai-400059. Pan No. Abbfs1494C Appellant Respondent Revenue By : Mr. Suman Kumar, Dr Assessee By : None Date Of Hearing : 21/09/2017 Date Of Pronouncement : 24/11/2017

For Appellant: NoneFor Respondent: Mr. Suman Kumar, DR
Section 143(3)

…be dismissed for non-prosecution. In this regard, we place reliance upon following case laws: 1. Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (M.P.) 2. New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P& H) 3. CIT vs. B. N. Bhattachargee And Another 118 ITR 461(SC) 4. We have heard the Ld. DR and perused the relevant materials on record. We find that the Ld. CIT(A), having gone through the relevant record has partly allowed the appeal filed by the assessee before him. We uphold the order of the Ld. CIT(A). M/s M.S. Shah Developers 5. In the result, the appeals are dismissed. Order pronounced in the ope…