M/s. Diamond Hut India (P) Ltd., New Delhi V. DCIT, New Delhi

CO 223/DEL/2013

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 3342 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-07-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 26-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES B : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA.NO.1153/DEL./2013 ASSESSMENT YEAR 2010-2011 M/S. DIAMOND HUT INDIA PRIVATE LIMITED, SHOP NO.2612- 13, BANK STREET, KAROL BAGH, NEW DELHI. PAN AABCD7234M VS. THE ACIT CENTRAL CIRCLE-13 NEW DELHI. (APPELLANT) (RESPONDENT) C.O.NO.222 & 223/DEL./2013 ARISING OUT OF ITA.NO.3427 & 3428/DEL./2013 ASSESSMENT YEARS 2008-2009 & 2004-2005 M/S. DIAMOND HUT INDIA PRIVATE LIMITED, 2883/17, HARDHAYAN SINGH ROAD, KAROL BAGH, NEW DELHI - 005. PAN AABCD7234M VS. THE DCIT CENTRAL CIRCLE-13 NEW DELHI. (CROSS OBJECTOR) (RESPONDENT) ITA.NO.1154/DEL./2013 ASSESSMENT YEAR 2010-2011 M/S. DIAMOUNT JEWELS PRIVATE LIMITED, SHOP NO.2612-13, BANK STREET, KAROL BAGH, NEW DELHI. PAN AACCD5204M VS. THE ACIT CENTRAL CIRCLE-13 NEW DELHI. (APPELLANT) (RESPONDENT) 2 ITA.NOS.1153 & 1154/D/2013, C.OS.222, 223 & 220/D/20 13 M/S. DIAMOND HUT INDIA PRIVATE LIMITED AND M/S. DIAMOUNT JEWELS PRIVATE LIMITED, NEW DELHI. C.O.NO.220/DEL./2013 ARISING OUT OF ITA.NO.3425/DEL./2013 - ASSESSMENT YEAR 2008-2009 M/S. DIAMOUNT JEWELS PRIVATE LIMITED, SHOP NO.2612, BANK STREET, KAROL BAGH, NEW DELHI. PAN AACCD5204M VS. THE DCIT CENTRAL CIRCLE-13 NEW DELHI. (CROSS OBJECTOR) (RESPONDENT) FOR ASSESSEE/ CROSS OBJECTOR : -NONE- FOR REVENUE : MS. RACHNA SINGH, CIT - D.R. DATE OF HEARING : 05.12.2017 DATE OF PRONOUNCEMENT : 05.12.2017 ORDER PER BENCH : THIS ORDER SHALL DISPOSE OF THE APPEALS AS WELL A S CROSS OBJECTIONS FILED BY TWO DIFFERENT ASSESSEES. 2. ON THE LAST DATE OF HEARING, THE APPEALS AND CR OSS OBJECTIONS OF THE ASSESSEES WERE ADJOURNED AT THE R EQUEST OF THE ASSESSEES COUNSEL. ALL THE MATTERS WERE FIXED FOR HEARING ON 05 TH DECEMBER, 2017. HOWEVER, ON THE DATE OF HEARING FIX ED TODAY, NO AUTHORISED REPRESENTATIVE OF THE ASSESSEES APPEARED ON BEHALF OF THE ASSESSEES. ON EARLIER OCCASION ALSO, THE MATTERS WE RE ADJOURNED AT 3 ITA.NOS.1153 & 1154/D/2013, C.OS.222, 223 & 220/D/20 13 M/S. DIAMOND HUT INDIA PRIVATE LIMITED AND M/S. DIAMOUNT JEWELS PRIVATE LIMITED, NEW DELHI. THE REQUEST OF THE ASSESSEES. IT, THEREFORE, APPEAR S THAT ASSESSEES IS NO MORE INTERESTED IN PROSECUTING THESE APPEALS AND CROSS OBJECTIONS. THE APPEALS AS WELL AS CROSS OBJECTIONS ARE THEREFO RE, LIABLE TO BE DISMISSED. 3. IN VIEW OF THE ABOVE AND HAVING REGARD TO RULE 19(2 ) OF INCOME TAX APPELLATE TRIBUNAL RULES AND FOLLOWING V ARIOUS DECISIONS OF DELHI BENCH OF THE TRIBUNAL INCLUDING THAT OF MU LTIPLAN INDIA LTD., 38 ITD 320 (DEL.); HONBLE MADHYA PRADESH HIGH COUR T DECISION IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (MP), AND ALSO THE DECISION OF HON'BLE SUPREME COURT IN T HE CASE OF CIT VS. B. BHATTACHARGEE & ANOTHER (118 ITR 461 AT PAGE 477 -478) WHEREIN THEIR LORDSHIPS HELD THAT THE APPEAL DOES NOT MEAN, MERE FILING OF THE MEMO OF APPEAL BUT EFFECTIVELY PURSUING THE SAME, T HE APPEAL OF THE ASSESSEE IS DISMISSED AS UN-ADMITTED. WE, THEREFORE , FOLLOWING THE ABOVE DECISIONS, DISMISS THE APPEALS AND CROSS OBJE CTIONS OF THE ASSESSEES. 4. IN THE RESULT, APPEALS AS WELL AS CROSS OBJECTI ONS OF THE ASSESSEES ARE DISMISSED. 4 ITA.NOS.1153 & 1154/D/2013, C.OS.222, 223 & 220/D/20 13 M/S. DIAMOND HUT INDIA PRIVATE LIMITED AND M/S. DIAMOUNT JEWELS PRIVATE LIMITED, NEW DELHI. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 05 TH DECEMBER, 2017 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT B BENCH, DELHI 6. GUARD FILE. //BY ORDER// ASST. REGISTRAR : ITAT DELHI BENCHES DELHI.