M/s. Chamundi Polymers Pvt. Ltd., Bangalore V. Commissioner of Income Tax, Bangalore

ITA 1350/BANG/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7350 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 24-07-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 26-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M K BIJU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH C BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO.1350/BANG/2016 (ASST. YEAR 2 006-07) M/S CHAMUNDI POLYMERS PVT. LTD., NO.45, 1 ST MAIN, 8 TH CROSS, PRASANTH NAGAR, BENGALURU. . APPELLANT PAN AABCC1580H. VS. THE COMMISSIONER OF INCOME-TAX (APPEALS), RANGE-2, BENGALURU. . RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI M.K BIJU, JCIT DATE OF HEARING : 16-11-2017 DATE OF PRONOUNCEMENT : 16-11-2017 O R D E R PER SHRI JASON P BOAZ, ACCOUNTANT MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT-(A)-2, BANGALORE DATED 8/1/2016 FOR ASST. YEAR 2006-07. 2. NOTICES IN THE AFORESAID APPEALS IN THE CASE ON HAND WERE ISSUED TO THE ASSESSEE ON VARIOUS DATES. WHEN THE B ENCH DID NOT FUNCTION, THE FRESH DATE OF HEARING WAS INFORMED BY DISPLAY ON NOTICE ITA NO.1350/B/16 2 BOARD. EVEN NOTICE FOR HEARING ISSUED BY RPAD AND DULY SERVED HAS NOT ELICITED COMPLIANCE BY THE ASSESSEE. TODAY I.E 16/11/2017, WHEN THE AFORESAID APPEAL IN THIS CASE WAS CALLED OUT F OR HEARING, NEITHER DID ANY ONE APPEAR ON BEHALF OF THE ASSESSEE NOR W AS ANY ADJOURNMENT SOUGHT ON ITS BEHALF. IN VIEW OF THE ABOVE, WE ARE OF THE OPINION THAT THE ASSESSEE IS NOT SERIOUSLY INTEREST ED IN PURSUING THIS APPEAL. THE LAW AIDS THOSE WHO ARE VIGILANT, NOT T HOSE WHO SLEEP UPON THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WE LL KNOWN DICTUM, VIGILANTIBUS EXPORT TURNOVER NONDORMIENTIBUS JURA SUB VENIUNT. CONSIDERING THE FACTS AND CIRCU MSTANCES OF THE CASE AND KEEPING IN VIEW THE PROVISIONS OF RULE 19(2) OF THE INCOME TAX APPELLATE TRIBUNAL RULES AS WERE CONSIDE RED IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. (38 ITD 320) (DEL), WE DISMISS THIS APPEAL FOR NON-PROSECUTION. 3. IN THE RESULT, THE AFORESAID APPEAL OF THE ASSE SSEE FOR ASST. YEAR 2006-07 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16TH NOVEMBER, 2017 . SD/- SD/- (LALIET KUMAR) (JA SON P BOAZ) JUDICIAL MEMBER ACCOUNTANT MEM BER BANGALORE DATED : 16/11/2017 VMS ITA NO.1350/B/16 3 COPY TO :1. THE ASSESSEE 2. THE REVENUE 3.THE CIT CONCERNED. 4.THE CIT(A) CONCERNED. 5.DR 6.GF BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE.