Dy. CIT, Circle-2(1), Tirupathi V. M/s. Sri Vijaya Durga Finance Pvt. Ltd, Kadapa

CO 145/HYD/2012

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 8719 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 17-06-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 14-11-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KUM AMISHA S GUPT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBE R AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMB ER CROSS OBJECTION NO.145/HYD/2012 (IN ITA NO.1403/HYD/2012) : ASSESSMENT YE AR 2004-05 M/S. SRI VIJAYA DURGA FINANCE PVT. LTD., KADAPA. ( PAN AADCS 1467 M) V/S DY. COMMISSIONER OF INCOME-TAX CIRCLE 2(1), TIRUPATI (CROSS-OBJECTOR) (RESPONDENT) CROSS - OBJECTOR BY : NONE RESPONDENT BY : KUM. AMISHA S.GUPT DATE OF HEARING 17.06.2013 DATE OF PRONOUNCEMENT 17.06.2013 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: IN THE APPEAL OF THE REVENUE, BEING ITA NO.1403/H YD/2012, THE ASSESSEE HAS FILED THIS CROSS-OBJECTION FOR THE ASSESSMENT YEAR 2004- 05. 2. AT THE TIME OF HEARING ON THIS CROSS-OBJECTION OF THE ASSESSEE VIZ. ON 17.6.2013, NONE APPEARED ON BEHALF OF THE A SSESSEE-CROSS- OBJECTOR, DESPITE ISSUANCE OF NOTICE OF HEARING THR OUGH DR. NOT EVEN AN ADJOURNMENT PETITION HAS BEEN RECEIVED FROM THE ASS ESSEE. IN THIS VIEW OF THE MATTER, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THIS MATTER BEFORE THE TRIBUNAL. AS HELD BY THE HON BLE ITAT, DELHI BENCH IN THE CASE OF CIT V/S. MULTIPLAN INDIA LIMITED (38 ITD 320), THERE MAY BE VARIOUS REASONS FOR THE APPELLANT TO REMAIN ABSENT AT THE TIME OF HEARING. ONE OF THE REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PROSECUTE THE APPEAL. FOLLOWING THE SAID DECISION AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, WE DISMISS THIS APPEAL IN LIMINE , WITH CO NO.145/HYD/2012 (IN ITA NO.1403/HYD/2012) M/S. SRI VIJAYA DURGA FINANCE PVT. LTD., KADAPA. 2 LIBERTY TO THE ASSESSEE TO FILE A PETITION TO SEEK RECALL THIS ORDER, IF THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON BEHALF OF TH E ASSESSEE ON 17.6.2013. 3. IN THE RESULT, CROSS-OBJECTION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION O F THE HEARING ON 17.6.2013 \ SD/- SD/- ( ASHA VIJAYARAGHAVAN ) ( CHANDRA P OOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER. DT/- 17 TH JUNE, 2013 COPY FORWARDED TO: 1. 2. 3 4. M/S. SRI VIJAYA DURGA FINANCE PVT. LTD., 8/3/325B, 2 ND FLOOR, ALMOSPET, KADAPA AP 516 001. DY. COMMISSIONER OF INCOME-TAX CIRCLE 2(1), TIRUPAT I. COMMISSIONER OF INCOME-TAX(APPEALS) GUNTUR COMMISSIONER OF INCOME-TAX TIRUPATI 5 . DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD B.V.S.