Chunnilal Somani, Kolkata V. DCIT, Central Circle - XI, Kolkata, Kolkata

ITA 1049/KOL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62082 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 1997-1998
• Appeal Filed On: 28-07-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B HAZRA
• Assessee Lawyers: N O N E

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA [BEFORE SRI PRAMOD KUMAR, A.M. & SRI MAHAVIR SINGH , J.M.] I.T.A NO. 1048/KOL/2011 ASSESSMENT YEAR : 1997-199 8 LAXMI NARAYAN SOMANI, -VS.- DE PUTY COMMISSIONER OF INCOME TAX, 143/1/1, COTTON STREET, CENTRAL CIRCLE-XI, KOLKATA KOLKATA-700 007 [PAN : ALRPS 8754 M] (APPELLANT ) ( RESPONDENT ) & I.T.A NO. 1049/KOL/2011 ASSESSMENT YEAR : 1997-199 8 CHUNNILAL SOMANI, -VS.- DEPUTY COMMISSIONER OF INCOME TAX, 143/1/1, COTTON STREET, CENTRAL CIRCLE-XI, KOLKATA KOLKATA-700 007 [PAN : ALKPS 0463 N] (APPELLANT ) ( RESPONDENT ) FOR THE APPELLANT : N O N E FOR THE RESPONDENT : SHRI B. HAZRA, D.R. DATE OF HEARING : 11.04.2012 DATE OF PRONOUNCEMENT : 11.04.2012 ORDER PER BENCH : - THESE APPEALS FILED BY THE ASSESSEES ARE AGAINST T HE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL-I, KOLKATA, BOTH DATE D 09.06.2011 FOR THE ASSESSMENT YEAR 1997-98. 2. THE CASES WERE FIXED FOR HEARING ON 11.04.2012. HOWEVER, ON THE DATE FIXED FOR, I.E. 11.04.2012 NEITHER ANYBODY ON BEHALF OF THE ASSESSE ES IS PRESENT NOR THERE IS ANY APPLICATION FOR ADJOURNMENT. IT APPEARS THAT THE ASSESSEES ARE NOT INTERESTED IN PROSECUTING THESE APPEALS. ITA NOS. 1048 & 1049/KOL./2011 2 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE 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 PR OVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS.- MU LTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. C.W.T. REPORTED IN 223 ITR 480 , WE TREAT THESE APPEALS AS DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEES ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11/ 04 /2012. SD/- SD/- [ MAHAVIR SINGH] [PRAMOD KUMAR] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 11 / 04/ 2012 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2 THE RESPONDENT 3. COMMISSIONER OF INCOME-TAX (APPEALS)- ,KOLKATA 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.