Sunil Manakchand Kotecha, Jalgaon V. Addl. CIT,Range-2, Jalgaon

ITA 1021/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3135 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-02-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 25-08-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER I.T.A. NO. 1021/PN/2009: A.Y. 2006-07 SUNIL M. KOTECHA, PROP. SIDDARTH CONSTRUCTION 141 NAVI PETH, JALGAON 425 001 PAN ABPPK 2141 Q APPELLANT VS. ASSTT. CIT RANGE 1, JALGAON RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI SANTOSH KUMAR ORDER PER G.S. PANNU, AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT-(A) II NASIK DATED 30-6-2009 FOR A.Y. 2006-07 ON THE GROUND THAT THE CIT(A) ERRED IN HOLD ING THAT THE GAIN ARISING ON SALE OF SHARES OF RS. 16,2 9,913/- WAS TAXABLE AS BUSINESS INCOME AS AGAINST SHORT TER M CAPITAL GAIN. 2. THIS APPEAL WAS FIXED FOR HEARING ON 29-11-2010 FOR WHICH A NOTICE OF HEARING WAS SENT THROUGH REGD. PO ST AD ON 25-10-2010. HOWEVER, NONE APPEARED TO DEFEND THE CASE ON BEHALF OF THE ASSESSEE WHEN THE APPEAL CAME UP F OR HEARING ON 29-11-2010. NEITHER SOMEONE APPEARED ON PAGE 2 OF 3 ITA NO. 1021/PN/2009 SUNIL M. KOTECHA A.Y. 2006-07 BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT HAS BEEN RECEIVED. UNDER THESE CIRCUMSTANCES, IT MAY BE REAS ONABLY CONCLUDED THAT THE ASSESSEE IS NOT INTERESTED IN PU RSUING THIS APPEAL. IN SUCH CASES, THE COURTS/TRIBUNAL HA VE INHERENT POWERS TO DISMISS THE APPEAL FOR NON-PROSE CUTION AS HELD BY HONBLE BOMBAY HIGH COURT IN THE CASE OF CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO. 62 OF 2009. ON THE FACTS OF THE CASE, WE ARE CONVINCED T HAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THIS APPEAL. WE THEREFORE, DISMISS THIS APPEAL OF THE ASSESSEE AS UNADMITTED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT AT THE CONCL USION OF THE HEARING ON 29-11-2010. SD/- SD/- (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER PUNE DATED THE 29 TH NOVEMBER 2010 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT- (A) II NASIK 4. THE CIT-II NASIK 5. THE D.R, B BENCH, PUNE 6. GUARD FILE BY ORDER PAGE 3 OF 3 ITA NO. 1021/PN/2009 SUNIL M. KOTECHA A.Y. 2006-07 ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE