Hari Krishna Pampatti, Karimnagar V. Income Tax Officer, Ward-3(4), Karimnagar

ITA 1139/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5677 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 11-01-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 31-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A C ROUT
• Assessee Lawyers: N O N E

Judgement Text

ITA NO 1139 OF 2018 HARI KRISHN A PAMPATTI KARIMNAGAR PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL H YDERABAD A B ENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NO. 1139 /HYD/201 8 (ASSESSMENT YEAR: 201 4 - 1 5 ) SHRI HARI KRISHNA PAMPATTI KARIMNAGAR P AN:ABTPP3961H VS INCOME TAX OFFICER WARD 3 ( 4 ) KARIMNAGAR (APPELLANT) (RESPONDENT) FOR ASSESSEE : N O N E FOR REVENUE : SHRI A.C. ROUT, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M . TH IS IS ASSESSEES APPEAL FOR THE A.Y 201 4 - 15 AGAINST THE ORDER OF THE CIT (A) - 2 , HYDERABAD, DATED 16. 02.201 8 . 2. WE NOTICE THAT THIS APPEAL IS COMING UP FOR HEARING SINCE 16.11.2018 AND W HEN THE APPEAL CAME UP FOR HEARING ON 11.01.2019 ALSO , WE NOTIC E THAT NONE APPEARED FOR THE ASSESSEE INSPITE OF ISSUANCE OF THE NOTICE FOR HEARING . THEREFORE, IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED TO PROCEED WITH THE APPEAL. 3 . IT HAS BEEN HELD B Y THE HONBLE SUPREME COURT IN THE CASE OF B.N. BHTTACHAR GEE & ANR., 118 ITR 461 THAT APPEAL DOES NOT DATE OF HEARING : 11.01.2019 DATE OF PRONOUNCEMENT : 30 . 0 1 .201 9 ITA NO 1139 OF 2018 HARI KRISHN A PAMPATTI KARIMNAGAR PAGE 2 OF 2 MEAN ONLY FILING OF MEMO OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL, COURT/TRIBUNAL HAV E INHERENT POWER TO DISMISS THE APPEAL FOR NON - PROSECUTION AS HELD BY HONBLE HIGH COURT OF MUMBAI IN THE CASE OF M/S CHEMIPOL VS. UNION OF INDIA IN EXCISE APP EAL NO. 62 OF 2009. THEREFORE, RESPECTFULLY FOLLOWING THE ABOVE DECISION AND AL SO OF THE TRIBUNAL I N THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AND MA DHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL OF THE ASSESSE E FOR WANT OF PROSECUTION. 4 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED . ORDER P RONOUNCED IN THE OPEN COURT ON 30 TH JANUARY, 20 19 . SD/ - SD/ - ( S.RIFAUR RAHMAN ) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 30 TH JANUA RY, 2019 . VINODAN/SPS COPY TO : 1 SHRI HARI KRISHNA PAMPATTI, H.NO.7 - 1 - 132 NEAR OLD BUS STAND, JAGTIAL 505327, KARIM NAGAR D ISTT. 2 ITO WARD 3(4) KARIMNAGAR 3 CIT (A) - 2 HYDERAB AD 4 PR. CIT 2 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER