M/s. Ascon Agro Products Exporters & Builders (P) Ltd., Kolkata V. ITO, Ward - 12(4), Kolkata, Kolkata

ITA 1012/KOL/2011

• Counselvise Citation: 101223514 RSA 2011
• Duration Of Justice: 4 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 15-07-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

I.T.A. NO . 1 012 / KOL ./20 1 1 ASSESSMENT YEAR: 200 5 - 20 0 6 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.K. BANSAL , ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH , JUDICIAL MEMBER I.T.A. NO. 1 012 / KOL / 20 1 1 ASSESSMENT YEAR : 200 5 - 20 0 6 M/S. ASCON AGRO PRODUCTS EXPORTERS & BUILDERS (P) LIMITED,...................... ........ ........ . APPELLANT 127, KANKULIA ROAD, KOLKATA - 700 029 [PAN : A AECA 3555 D ] - VS. - I NCOME TAX OFFICER ,.. ......................... ... ....... ..... . RESPONDE NT WARD - 1 2 (4) , KOLKATA , AAYAKAR BHAWAN, P - 7, CHOWRIN GHEE SQUARE, KOLKATA - 700 069 APPEARANCES BY: N O N E , FOR THE ASSESSEE SHRI AMITABHA CHOUDHURY , SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : JULY 09 , 2 01 5 DATE OF PRONOUNCING THE ORDER : JU LY 27 , 201 5 O R D E R PER P.K. BANSAL : THIS A PPEAL HA S BEEN FILED BY THE ASSESSE E AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - XXXII, KOLKATA D ATED 17 . 0 1 .20 1 1 FOR THE ASSESSMENT YEAR 200 5 - 0 6 . 2. THIS CASE WAS FIXED FOR HEARING ON 09 .07.2015. THE NOTICE WAS DULY SENT TO THE ADDRES S OF THE ASSESSEE AS HAS BEEN SHOWN BY THE ASSESSEE IN FORM NO. 36. EVEN THE CAUSE LIST WAS ALSO POSTED ON THE INTERNET. HOWEVER, ON THE DATE FIXED FOR, I.E. 09 .07.2015 NEITHER ANYBODY APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS FILED BEFORE US. UNDER THESE FACTS, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING TH IS APPEAL. I.T.A. NO . 1 012 / KOL ./20 1 1 ASSESSMENT YEAR: 200 5 - 20 0 6 PAGE 2 OF 2 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIUNT . 4. 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 HON BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. - C.W.T. REPORTED IN 223 ITR 480, WE TREAT THIS APPEAL AS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPE N COURT ON JU LY 27 , 201 5 . SD/ - SD/ - MAHAVIR SINGH P.K. BANSAL ( JUDICIAL MEMBER) ( ACCOUNTANT MEMBER) KOLKATA, THE 27 TH D AY OF JU LY , 201 5 COPIES TO : (1) M/S. ASCON AGRO PRODUCTS EXPORTERS & BUILDERS (P) LIMI TED, 127, KANKULIA ROAD, KOLKATA - 700 029 (2) INCOME TAX OFFICER, WARD - 12(4), KOLKATA, AAYAKAR BHAWAN, P - 7, CHOWRINGHEE SQUARE, KOLKATA - 700 069 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S .