ITO, WD-10(2), Kolkata vs. M/S R. P. Edible Oil Ltd., Kolkata
In the result, the appeal of the Revenue is dismissed for non-prosecution
ITA 588/KOL/2009[2004-05]Status: DisposedITAT Kolkata26 Jul 2016AY 2004-05
Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 588/Kol/2009 Assessment Year : 2004-05 I.T.O., Ward-10(2), -Vs.- M/S. R.P.Edible Oil Ltd. Kolkata Kolkata [Pan : Aaecs 4337 H] (Respondent) (Appellant) For The Appellant : None For The Respondent : None Date Of Hearing : 26.07.2016. Date Of Pronouncement : 26.07.2016. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Revenue Against The Order Dated 19.01.2009 Of Cit(A)- Xxxii, Kolkata Relating To Ay 2004-05. 2. The Appeal By The Revenue Was Fixed For Hearing On Several Occasions. On Many Occasions Such As 27.09.2012, 16.09.2015, 14.01.2016, 15.03.2016, 19.05.2016, Notice Was Directed To Be Served Through The Dr. The Department Has Not Complied With The Directions Of The Tribunal. Today When The Case Was Called For Hearing None Appeared On Behalf Of The Department Nor Was Any Application For An Adjournment Was Filed By The Department. It Appears To Us That The Department Is Not Serious In Prosecuting This Appeal. Hence The Appeal Filed By The Revenue 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.”
For Appellant: NoneFor Respondent: None
…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM & Dr.Arjun Lal Saini, AM] I.T.A No. 588/Kol/2009 Assessment Year : 2004-05 I.T.O., Ward-10(2), -vs.- M/s. R.P.Edible Oil Ltd. Kolkata Kolkata [PAN : AAECS 4337 H] (Respondent) (Appellant) For the Appellant : None For the Respondent : None Date of Hearing : 26.07.2016. Date of Pronouncement : 26.07.2016. ORDER Per N.V.Vasudevan, JM This is an appeal by the Revenue against the order dated 19.01.2009 of CIT(A)- XXXII, Kolkata relating to AY 2004-05. 2. The appeal by the revenue was fixed for hearing on several occasi…