Thiru I.Gurusamy L/H Thiru K.Ayyappan, Madurai V. DCIT, Madurai

CO 61/CHNY/2001

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5078 (ITAT-CHENNAI)
• Duration Of Justice: 8 year(s) 8 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-08-2010
• Assessment Year: 1994-1995
• Appeal Filed On: 19-11-2001
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, AM AND SHRI GEORGE MATHAN, JM CO NOS. 61 & 63/MDS/2001 A/O I.T.A. NOS. 1654 & 1656/MDS/2000] A YS: 1994-95 & 1997-98 SHRI I GURUSWAMY L/H SHRI K. AYYAPPAN & A, CHOKKANATHAPURAM MADURAI 625 - 01 VS THE DY.C.I.T COMPANY CIRCLE 1 MADURAI (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI B. SRINIVAS O R D E R PER ABRAHAM P. GEORGE, AM THROUGH THESE CROSS OBJECTIONS, ASSESSEE SUPPORTS T HE ORDER OF THE LD. CIT FOR THE IMPUGNED ASSESSMENT YEARS. ACC ORDING TO ASSESSEE, RELATED APPEALS OF THE REVENUE IN ITA NOS . 1654 AND 1656/MDS/2000 DID NOT HAVE ANY MERIT THEREIN AND RE QUIRED TO BE DISMISSED. ASSESSEE WAS SERVED NOTICES FOR HEARING OF THE CROSS OBJECTIONS BY REGISTERED POST AND ACKNOWLEDGEMENT C ARD IS ON RECORD. PAGE 2 OF 2 CO. NOS. 61 & 62/MDS/2001 2. DESPITE THIS, WHEN THE COS WERE TAKEN UP FOR HE ARING, NOBODY APPEARED ON BEHALF OF THE ASSESSEE. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED VIEW THAT THE ASSESSEE SEEMS TO BE N OT INTERESTED IN PROSECUTING THE CASES. HENCE, FOLLOWING THE DECISIO NS OF THE DELHI BENCH OF THE TRIBUNAL VIDE ORDER DATED 27 TH MAY 1991 IN ITA NO. 800/(DELHI)/1989 IN THE CASE OF CIT V. MULTIPLAN IN DIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADH YA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR REP ORTED IN 223 ITR 480 [MP], WE DISMISS THE CROSS OBJECTIONS FILED BY THE ASSESSEE FOR NON-PROSECUTION. 3. IN THE RESULT, THE CROSS OBJECTIONS FILED BY THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5.08.2010. SD/- SD/- ( GEORGE MATHAN) ( ABRAHAM P.GEORGE ) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 5 TH AUGUST, 2010. VL/ COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE