C. G. Securities Pvt. Ltd., Kolkata V. ITO, Tech-2, Kolkata, Kolkata

ITA 1167/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0178 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 22-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY RAI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (A), KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI A.T. VARKEY, JUDICIAL MEMBER] I.T.A. NO. 1167/KOL/2017 ASSESSMENT YEAR: 2012-13 C.G. SECURITIES PVT. LTD..................................................................APPELLANT 2, LAL BAZAR STREET, 1 ST FLOOR, KOLKATA 700 001. [PAN: AABCC 0181 E] ITO, TECH 2, KOLKATA...................RESPONDENT ITO WARD 6(1), AAYAKAR BHAWAN, 6 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. APPEARANCES BY: NONE APPEARING ON BEHALF OF THE ASSESSEE. SHRI SANJAY RAI, CIT(DR) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : DECEMBER 06, 2018 DATE OF PRONOUNCING THE ORDER : DECEMBER 06, 2018 ORDER PER P.M. JAGTAP, VICE-PRESIDENT THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) 23, KOLKATA DATED 24.04.2017. 2. IN THIS CASE, THE HEARING WAS INITIALLY FIXED ON 28.08.2018, THE BENCH DID NOT FUNCTION AND THE HEARING WAS ADJOURNED TO 10.10.2018, NOTICE OF WHICH WAS GIVEN TO THE ASSESSEE THROUGH NOTICE BOARD. ON 10.10.2018, NONE HOWEVER APPEARED ON BEHALF OF THE ASSESSEE. IN ORDER TO GIVE ONE MORE TO THE ASSESSEE, THE HEARING WAS ADJOURNED TO 06.10.2018 WITH THE DIRECTION TO THE REGISTRY TO SEND THE NOTICE OF THE SAID HEARING TO THE ASSESSEE AT THE ADDRESS GIVEN IN THE APPEAL MEMO BY RPAD. ON 06.12.2018 THAT IS TODAY, NONE HOWEVER HAS APPEARED ON 2 I.T.A. NO. 1167/KOL/2017 ASSESSMENT YEAR: 2012-13 C.G. SECURITIES PVT. LTD. BEHALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN FILED. THE FACT THAT THE NOTICE OF THE SAID HEARING IS DULY SERVED ON THE ASSESSEE OF WHICH IT APPEARS FROM THIS CONDUCT OF THE ASSESSEE COMPANY THAT IT IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIENT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS MULTIPLAN 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 HALKAR VS C.W.T. REPORTED IN 223 ITR 480, WE TREAT THIS APPEAL AS UNADMITTED AND DISMISS THE SAME FOR NON-PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED FOR NON PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH DECEMBER, 2018. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 06/12/2018 BISWAJIT, SR. PS 3 I.T.A. NO. 1167/KOL/2017 ASSESSMENT YEAR: 2012-13 C.G. SECURITIES PVT. LTD. COPY OF ORDER FORWARDED TO: 1. C.G. SECURITIES PVT. LTD., 2, LAL BAZAR STREET, 1 ST FLOOR, KOLKATA 700 001. 2. ITO TECH 2, ITO, WD-6(1), P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR / H.O.O. ITAT, KOLKATA