Venkata Krishna Constructions Private Limited, Hyderabad, Hyderabad V. DCIT, Circle-3(3), Hyd, Hyderabad

ITA 1322/HYD/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6260 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 13-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1322/HYD/2016 ASSESSMENT YEAR: 2006-07 VENKATA KRISHNA CONSTRUCTIONS PVT. LTD., HYDERABAD. PAN AABCV 9705D VS. DY.. COMMISSIONER OF INCOME- TAX, CIRCLE 3(3), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SMT. SUMAN MALIK DATE OF HEARING : 04-01-2017 DATE OF PRONOUNCEMENT : 04-01-2017 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST O RDER DATED 28/03/2016 OF LD. CIT(A) - 5, HYDERABAD FOR AY 2006 -07. 2. NOTICE DATED 14/10/2016 FIXING THE DATE OF HEARI NG OF APPEAL ON 04/01/2017 AND THE DEFECTS NOTICED IN THE APPEAL W AS SERVED ON THE ASSESSEE THROUGH RPAD, FOR WHICH RECEIPT OF ACKNOWL EDGMENT IS ON RECORD. HOWEVER, ON 04/01/2017 NONE APPEARED ON BEH ALF OF THE ASSESSEE NOR THE DEFECTS POINTED OUT IN THE SAID NO TICE HAD BEEN CURED BY THE ASSESSEE. IN THESE CIRCUMSTANCES, WE A RE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. IT HAS BEEN HELD BY THE HONBLE SUPREME COURT IN THE C ASE OF B.N. BHTTACHARGEE & ANR., 118 ITR 461 THAT APPEAL DOES NOT MEAN ONLY FILING OF MEMO OF APPEAL BUT ALSO PURSUING I T EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE TH E APPEAL, COURT/TRIBUNAL HAVE INHERENT POWER TO DISMISS THE A PPEAL FOR NON PROSECUTION AS HELD BY HONBLE HIGH COURT OF MUMBAI IN THE CASE OF 2 ITA NO. 1322 /HYD/2016 VENKATA KRISHNA CONSTRUCTIONS PVT. LTD. M/S CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO . 62 OF 2009. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF T HE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AND MA DHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DI SMISS THIS APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 3. HOWEVER, THE ASSESSEE IS AT LIBERTY TO SEEK RE CALL OF THIS ORDER BY WAY OF FILING AN M.A., SHOWING SUFFICIENT REASONS, WHICH PREVENTED IT FOR ABSENCE ON THE SAID DATE OF HEARING OF THIS APP EAL. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 4 TH JANUARY, 2017. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER AC COUNTANT MEMBER HYDERABAD, DATED: 4 TH JANUARY, 2017. KV COPY TO:- 1) VENKATA KRISHNA CONSTRUCTIONS PVT. LTD., C/O SAM UEL NAGADESI, CA, 408, SRI RAMAKRISHNA TOWRES, NAGARJUN A NAGAR, AMEERPET, HYDERABAD 500 073. 2) DCIT, CIRCLE 3(3), 9 TH FLOOR, SIGNATURE TOWERS, OPP. BOTANICAL GARDENS, KONDAPUR, HYDERABAD. 3) CIT(A) 5, HYDERABAD 4) PR. CIT - 5, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD. 6) GUARD FILE 3 ITA NO. 1322 /HYD/2016 VENKATA KRISHNA CONSTRUCTIONS PVT. LTD. S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./ P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER