NAPC Limited, CHENNAI V. ACIT, CHENNAI

ITA 1239/CHNY/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86304 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 12-02-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N RENGARAJ
• Section: 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , ' $ % , & ' BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./I.T.A.NO. 1239/MDS/2014 ( / ASSESSMENT YEAR: 2009-10) M/S. NAPC LIMITED 480, 1 ST FLOOR, KHIVRAJ COMPLEX-II, ANNA SALAI,NANDANAM, CHENNAI-35. VS ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-IV(4), CHENNAI. PAN:AACCN3625P ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : MR. N.RENGARAJ, CIT /DATE OF HEARING : 12 TH FEBRUARY, 2015 /DATE OF PRONOUNCEMENT : 20 TH FEBRUARY, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF THE COMMISSIONER OF INCOME TAX-IV, CHENNAI DATE D 20.03.2014 FOR THE ASSESSMENT YEAR 2009-10 PASSED U NDER SECTION 263 OF THE ACT. 2. IN THIS APPEAL, NOTICE OF HEARING WAS SENT TO TH E ASSESSEE POSTING THE CASE FOR HEARING ON 24.07.2014 . ON 24.07.2014, AT THE REQUEST OF THE COUNSEL FOR THE ASSESSEE, THE CASE WAS ADJOURNED TO 3 RD NOVEMBER, 2014. SINCE THE BENCH WAS NOT FUNCTIONING ON 3 RD NOVEMBER, 2014, THE CASE WAS AGAIN ADJOURNED TO 12 TH FEBRUARY, 2015 AND BOTH THE 2 ITA NO.1239/MDS/2014 PARTIES HAVE TAKEN NOTE OF THE DATE OF HEARING AS P ER THE RECORD. HOWEVER, AT THE TIME OF HEARING ON 12.02.20 15, NONE APPEARED ON BEHALF OF THE ASSESSEE, NOR ANY REQUEST FOR ADJOURNMENT WAS RECEIVED. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DELHI BENCH IN THE CASE OF CIT V. MULTIPLAN I NDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON 'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL FOR WA NT OF PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH FEBRUARY, 2015 AT CHENNAI. SD/- SD/- ( . ) ( ( *+ ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGENDRA PRASAD ) - / ACCOUNTANT MEMBER * - / JUDICIAL MEMBER * /CHENNAI, / /DATED 20 TH FEBRUARY, 2015 SOMU 3 ITA NO.1239/MDS/2014 12 32 /COPY TO: 1. APPELLANT 2. RESPONDENT 3. 4 () /CIT(A) 4. 4 /CIT 5. 2 7 /DR 6. /GF .