Hindusthan Engineering & Industries Ltd, Kolkata V. DCIT, Circle -5, Kolkata, Kolkata

CO 77/KOL/2012

• Counselvise Citation: [2016] 119 COUNSELVISE.COM (IT) 3265 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 8 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 21-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 21-08-2012
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST
• Keywords: Validity of assessment

Judgement Text

I.T.A. NO. 1020/KOL./2012 ASSESSMENT YEAR: 2005-2006 & C.O. NO. 77/KOL/2012 (IN ITA NO. 1020/KOL/2012) ASSESSMENT YEAR: 2005-2006 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1020/KOL/ 2012 ASSESSMENT YEAR : 2005-2006 DEPUTY COMMISSIONER OF INCOME TAX,................. ......................APPELLANT CIRCLE-5, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- M/S. HINDUSTHAN ENGINEERING & INDUSTRIES LIMITED,.. .............RESPONDENT 27, R.N. MUKHERJEE ROAD, KOLKATA-700 001 [PAN : AAACH 8505 Q] & C.O. NO. 77/KOL/2012 (ARSING OUT OF I.T.A. NO. 1020/KOL/ 2012) ASSESSMENT YEAR : 2005-2006 M/S. HINDUSTHAN ENGINEERING & INDUSTRIES LIMITED,.. ..........CROSS OBJECTOR 27, R.N. MUKHERJEE ROAD, KOLKATA-700 001 [PAN : AAACH 8505 Q] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. .......................RESPONDENT CIRCLE-5, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: N O N E, FOR THE DEPARTMENT SHRI S. JHAJHARIA, A.R., FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : APRIL 21, 2016 DATE OF PRONOUNCING THE ORDER : APRIL 21, 2016 I.T.A. NO. 1020/KOL./2012 ASSESSMENT YEAR: 2005-2006 & C.O. NO. 77/KOL/2012 (IN ITA NO. 1020/KOL/2012) ASSESSMENT YEAR: 2005-2006 PAGE 2 OF 3 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-VI, KOLKATA DA TED 30.03.2012 FOR THE ASSESSMENT YEAR 2005-06 AND THE SAME IS BEING D ISPOSED OF ALONG WITH CROSS OBJECTION FILED BY THE ASSESSEE BEING C. O. NO. 77/KOL/2012. 2. AT THE TIME OF HEARING FIXED IN THIS CASE TODAY, I.E. ON 21.04.2016, NONE HAS APPEARED ON BEHALF OF THE REVENUE. IT IS N OTED FROM THE RECORD THAT THE LD. CIT, D.R., AT THE TIME OF EARLIER OCCA SION WHEN THIS CASE WAS FIXED FOR HEARING ON 29.02.2016, HAD SOUGHT AN ADJO URNMENT ON THE GROUND THAT SHE WAS PREOCCUPIED WITH HER DPC MATTER . ACCORDINGLY, THE HEARING FIXED ON 29.02.2016 WAS ADJOURNED TO 21.04. 2016 AND THE SAID DATE WAS DULY ANNOUNCED IN THE OPEN COURT. HOWEVER, AT THE TIME OF HEARING TODAY, NONE HAS APPEARED ON BEHALF OF THE R EVENUE. THE LD. SR. D.R. PRESENT IN THE COURT HAS STATED THAT THIS CASE IS TO BE ARGUED BY THE LD. CIT, D.R., WHO IS NOT PRESENT IN THE COURT. IN REPLY TO THE QUERY RAISED BY THE BENCH, HE HAS ALSO SUBMITTED THAT THERE IS N O INSTRUCTION WHATSOEVER GIVEN TO HIM TO SEEK AN ADJOURNMENT OR T O MAKE ANY OTHER MENTION ON BEHALF OF THE REVENUE BEFORE THE BENCH. IT APPEARS FROM THIS CONDUCT OF THE CONCERNED DEPARTMENTAL REPRESENTATIV E THAT THE REVENUE IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APP EAL FILED BEFORE THE TRIBUNAL. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WEL L KNOWN DICTUM - VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIENT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS.- MULTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADE SH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS.- C.W.T . REPORTED IN 223 ITR I.T.A. NO. 1020/KOL./2012 ASSESSMENT YEAR: 2005-2006 & C.O. NO. 77/KOL/2012 (IN ITA NO. 1020/KOL/2012) ASSESSMENT YEAR: 2005-2006 PAGE 3 OF 3 480, WE TREAT THIS APPEAL AS UNADMITTED AND DISMISS THE SAME FOR NON- PROSECUTION. 4. AS A RESULT OF DISMISSAL OF THE REVENUES APPEAL FOR NON- PROSECUTION, THE CROSS OBJECTION FILED BY THE ASSES SEE INVOLVING THE ISSUE OF VALIDITY OF ASSESSMENT MADE BY THE ASSESSING OFF ICER UNDER SECTION 147/148 HAS BECOME INFRUCTUOUS. THE SAME IS ACCORDI NGLY DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 21, 20 16. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 21 ST DAY OF APRIL, 2016 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (2) M/S. HINDUSTHAN ENGINEERING & INDUSTRIES LIMIT ED, 27, R.N. MUKHERJEE ROAD, KOLKATA-700 001 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-VI, KOLKA TA (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.