Bharat Rajkumar Agrawal, Pune V. DCIT Cen. Cir. 1(2), Pune

ITA 1130/PUN/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7526 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 18-09-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: H C LEUVA

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. 1129, 1130 & 1132/PN/2009 A.Y. 2000-01, 2001-02 & 2003-04 BHARAT R. AGARWAL 283 BUDHWAR PETH, PUNE-411 002 PAN ACRPA APPELLANT VS. DY. CIT CC 1(2) PUNE RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI H.C. LEUVA ORDER PER BENCH THESE THREE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST CONSOLIDATED ORDER OF THE CIT(A)-I PUNE DA TED 7-7- 2009 FOR 2000-01, 2001-02 & 2003-04 ON THE POINT OF CONFIRMATION OF PENALTY IMPOSED U/S 271(1)(B) OF TH E ACT. 2. THESE APPEALS WERE FIXED FOR HEARING ON 11-3-201 1 FOR WHICH A NOTICE OF HARING WAS ISSUED ON 2-3-2011. HO WEVER, NONE APPEARED TO SUPPORT THE CASE ON BEHALF OF THE ASSESSEE WHEN THE APPEALS CAME UP FOR HEARING ON 11 -3- 2011 NOR ANY ADJOURNMENT HAS BEEN RECEIVED. UNDER T HESE CIRCUMSTANCES, IT MAY BE REASONABLY CONCLUDED THAT THE PAGE 2 OF 2 ITA NO. 1129, 1130 & 1132/PN/09 BHARAT R AGARWAL A.Y. 2000-01, 2001-02 & 2003-04 ASSESSEE IS NOT INTERESTED IN PURSUING THESE APPEAL S. IN SUCH CASES, THE COURTS/TRIBUNAL HAVE INHERENT POWER S TO DISMISS THE APPEAL FOR NON-PROSECUTION AS HELD BY H ONBLE BOMBAY HIGH COURT IN THE CASE OF CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO. 62 OF 2009. ON THE FACT S OF THE CASE, WE ARE CONVINCED THAT THE ASSESSEE IS NOT INT ERESTED IN PURSUING THESE APPEALS. WE THEREFORE, DISMISS T HESE APPEALS OF THE ASSESSEE AS UNADMITTED. 3. IN THE RESULT, THE APPEALS OF THE ASSESSEE STAND DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT AT THE CONCLU SION OF THE HEARING I.E. 11-3-2011. SD/- SD/- (G.S. PANNU) ACCOUNTANT MEMBER (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 16 TH MARCH 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)- I PUNE 4. THE CIT I PUNE 5. THE D.R, B BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE