M/s. Sanwaria Agro Oils Limited, Bhopal V. The ACIT 1(1), Bhopal

CO 52/IND/2015

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3989 (ITAT-INDORE)
• Duration Of Justice: 2 year(s) 10 month(s) 30 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 09-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 10-08-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER CO. NO.52/IND/2015 (ARISING OUT OF ITA NO.708/IND/20 13) ASSESSMENT YEAR: 2008-09 M/S. SANWARIA AGRO O ILS LTD. E-1/1, ARERA COLONY, BHOPAL / VS. ACIT 1(1) BHOPAL ( APPELLANT ) ( REVENUE ) P.A. NO. AACCS1449N APPELLANT BY NONE RESPONDENT BY SHRI RAJIV JAIN, SR. DR DATE OF HEARING: 09.07.2018 DATE OF PRONOUNCEMENT: 09.07.2018 / O R D E R PER KUL BHARAT, J.M: THIS CO IS FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)- I, BHOPAL, DATED 12.09.2013 PERTAINING TO A.Y. 2008 -09. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL: THAT THE PROCEEDINGS OF REASSESSMENT INITIATED BY ISSUE OF NOTICE DATED. 09.11.2011 WERE BAD IN LAW AS NO REAS ON FOR ESCAPEMENT OF INCOME WAS RECORDED PRIOR TO ISSUE OF NOTICE. S ANWARIA AGRO OILS LTD. 2 2. THAT THE ORDER OF REASSESSMENT PASSED BY THE A.O . IS VOID AND BAD IN LAW AND THE SAME DESERVED TO BE ANNULLED . 2. AT THE THRESHOLD WE NOTED THAT WHEN THIS APPEAL WA S CALLED FOR HEARING, NEITHER ANYBODY APPEARED ON BEHALF OF THE ASSESSEE NOR ADJOURNMENT APPLICATION WAS FILED. WE FIND THAT PR OPER NOTICE OF HEARING HAS ALREADY BEEN SENT TO THE ASSESSEE. IT SEEMS THAT THE ASSESSEE IS HABITUAL DEFAULTER AS NONE APPEARED BEF ORE LEARNED CIT(A) ALSO. UNDER THESE CIRCUMSTANCES, IN OUR CONS IDERED OPINION, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN P ROSECUTING THE APPEAL. AS SUCH WE HOLD THAT THIS CROSS OBJECTION IS LIABLE TO BE DISMISSED FOR NON PROSECUTION. IN THIS REGARD WE P LACE RELIANCE UPON THE FOLLOWING CASE LAWS: 1. CIT VS. MULTIPLAN INDIA LTD. 38 ITD 320 (DEL) 2. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (M.P.) 3. NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495 ( P& H) 4. CIT VS. B. N. BHATTACHARGEE AND ANOTHER 118 ITR 461(SC). 3. RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CAS ES CITED (SUPRA), WE DISMISS THIS CROSS OBJECTION FILED BY T HE ASSESSEE FOR NON PROSECUTION. HOWEVER, THE ASSESSEE IS AT LIBER TY TO MOVE APPLICATION U/S 254 OF THE ACT IN CASE THE ASSESSEE SO DESIRES. S ANWARIA AGRO OILS LTD. 3 4. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESSEE IN CO NO. 52/IND/2015 IS DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 09 .07.2018. SD/- (MANISH BORAD) SD/- (KUL BHARAT) A CCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 09/ 07/2018 CTX? P.S/. . . COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE