M/s. Nizamabad District Cooperative Central Bank Ltd, Nizamabad V. ITO Ward No. 2, Nizamabad

ITA 1126/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59312 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 10-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO.1126/HYD/2011 ASSESSMENT YEAR 2007-08 M/S. NIZAMABAD DISTRICT CO-OPERATIVE CENTRAL BANK LTD., NIZAMABAD. (PAN: AAACT 7405 M) VS THE ITO, WARD - 2, NIZAMABAD. APPELLANT R ESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI B.V. PRASAD REDDY DATE OF HEARING : 21-3-2012 DATE OF PRONOUNCEMENT : 21-3-2012. ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) VI, HYDERA BAD DATED 31-03-201`1 IN ITA NO.321/10-11/CIT(A)-VI/10- 11 PERTAINING TO THE ASSESSMENT YEAR 2007-08. 2. THE CASE WAS LAST FIXED FOR HEARING ON 29-9-20 11 AND ON THAT DATE ALSO, NONE WAS PRESENT ON BEHALF OF TH E ASSESSEE. THIS MATTER WAS RECALLED VIDE ORDER DATED 17-02- 2012 PASSED IN M.A. NO.4/HYD/2012. ON THE BASIS OF THIS, THIS CASE WAS FIXED FOR HEARING TO-DAY I.E. ON 21-0 3-2012. IN SPITE OF THIS, NEITHER ANYBODY APPEARED ON BEHAL F OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT FI LED. HENCE, WE ARE OF THE OPINION THAT THE ASSESSEE IS N OT INTERESTED IN PROSECUTING THE APPEAL. AS HELD BY T HE 2 HONBLE ITAT, DELHI BENCH IN THE CASE OF CIT VS. MU LTIPLAN INDIA LIMITED (38 ITD 320), THERE MAY BE VARIOUS RE ASONS FOR THE ASSESSEE TO REMAIN ABSENT AT THE TIME OF HE ARING. ONE OF THE REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PROSECUTE THE APPEAL. BY FOLLOWING THE SAID DECISI ON AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE PRES ENT CASE, WE DISMISS THE APPEAL IN LIMINE. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 21-03- 2012. S D/ - (CHANDRA POOJARI) S D/ - (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL M EMBER DATED THE 21 ST MARCH, 2012. COPY FORWARDED TO: 1. NIZAMABAD DISTRICT CO-OPERATIVE CENTRAL BANK LTD., KHALEELWADI, NIZAMABAD. 2. THE ITO, WARD-2, NIZAMABAD. 3. THE CIT(A)-VI, HYDERABAD 4. THE CIT CONCERNED, HYDERABAD 5. THE DR, ITAT, HYDERABAD JMR* 3