Pallabi Vinimay Private Limited (Now merged with Arnold Holdings Ltd), Kolkata V. C.I.T - II,kolkata, Kolkata

ITA 1331/KOL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5037 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 17-05-2013
• Court: TRIBUNAL
• Section: 263

Judgement Text

I.T.A. NO. 1331/KOL./2013 ASSESSMENT YEAR: 2008-2009 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1331 /KOL/ 2013 ASSESSMENT YEAR: 2008-2009 PALLABI VINIMAY PVT. LIMITED,...................... .....................APPELLANT (NOW MERGED WITH ARNOLD HOLDINGS LIMITED), 255, RABINDRA SARANI, 4 TH FLOOR, ROOM NO. 3, KOLKATA-700 007 [PAN : AAECP 3537 A] -VS.- COMMISSIONER OF INCOME TAX-II, KOLKATA,............ ...........RESPONDENT AAYAKAR BHAWAN, 3 RD FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: N O N E, FOR THE ASSESSEE SHRI RAJAT SUBHRA BISWAS, CIT, D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : MARCH 03, 2016 DATE OF PRONOUNCING THE ORDER : MARCH 03, 2016 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX, KOLKATA-II, KOLKATA DAT ED 28.03.2013 PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 FOR T HE ASSESSMENT YEAR 2008-09. 2. IN THIS CASE, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING FIXED TODAY, I.E. ON 03.03.2016 NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN FILED. EVEN THE NOTICE SENT TO THE ASSESSEE BY REGISTERED POST WITH A/D TO THE ADDRESS GIVEN IN TH E APPEAL MEMO HAS BEEN RETURNED BACK BY THE POSTAL AUTHORITIES UNDELI VERED WITH THE REMARK ADDRESSEE MOVED/NOT AVAILABLE. IT APPEARS THAT TH E ASSESSEE HAS NOT BOTHERED TO FURNISH THE CORRECT ADDRESS IN ORDER TO ENABLE THE REGISTRY TO SERVE THE NOTICE OF HEARING AND THIS CONDUCT OF THE ASSESSEE SHOWS THAT IT I.T.A. NO. 1331/KOL./2013 ASSESSMENT YEAR: 2008-2009 PAGE 2 OF 2 IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APP EAL FILED BEFORE THE TRIBUNAL. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WEL L 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 PRADE SH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR 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 DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 03, 201 6. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 3 RD DAY OF MARCH, 2016 COPIES TO : (1) PALLABI VINIMAY PVT. LIMITED, (NOW MERGED WITH ARNOLD HOLDINGS LIMITED), 255, RABINDRA SARANI, 4 TH FLOOR, ROOM NO. 3, KOLKATA-700 007 (2) COMMISSIONER OF INCOME TAX-II, KOLKATA, AAYAKAR BHAWAN, 3 RD FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX, KOLKATA-II, KO LKATA (4) THE DEPARTMENTAL REPRESENTATIVE (5) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.