BV Srinivasa Rao, Rayagada V. ITO, Rayagada

ITA 136/CTK/2011

• Counselvise Citation: 13622114 RSA 2011
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2011
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 09-03-2011
• Court: TRIBUNAL
• Department Lawyers: S C MOHANTY

Judgement Text

IN THE INCME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE : SHRI K.K.GUPTA, AM , AND SHRI K.S.S.PRASAD RAO, JM ITA NO. 136 AND 137/CTK/2011 (ASSESSMENT YEAR 2006 - 07 AND 2007 - 08) B.V.SRINIVASA RAO, LABOUR CONTRACTOR, AT/P.O.SANO CHANDALI, JAYKA YPUR 765 017, DIST. RAYAGDA. PAN: AHMPB 3304 K VERSUS INCOME - TAX OFFICER, RAYAGADA WARD, RAYAGADA. (APPELLANT) (RESPONDENT) FOR THE APPELLANT: NONE FOR THE RESPONDENT SHRI S.C.MOHANTY, DR DATE OF HEARING : 19.09.2011 DATE OF PRONOUNC EMENT : 23.09.2011 ORDER SHRI K.K.GUPTA, AM : THESE APPEALS BY THE ASSESSEE FOR THE ASSESSMENT YEARS 2006 - 07 AND 2007 - 08 ON IDENTICAL ISSUE WHEN THE GROUNDS RAISED BY THE ASSESSEE AGITATES THE ACTION OF THE LEARNED CIT(A) IN CONFIRMING THE ESTIMATION O F 8% INCOME ON THE CONTRACT RECEIPTS AS ASSESSED BY THE ASSESSING OFFICER. 2. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE DUE SERVICE OF NOTICE AS EVIDENT BY THE A/D SLIP KEPT ON RECORD. NOR THE ASSESSEE HAS MOVED ANY PETITIO N FOR ADJOURNMENT OF THE CASE. IT, THEREFORE, APPEARS THAT THE ASSESSEE HAS NO INTEREST IN PROSECUTING ITS APPEAL S . THEREFORE, WE WOULD APPLY THE DECISION OF ITAT, DELHI BENCH IN THE CASE OF CIT V. MULTIPLAN INDIA (P.) LTD., (38 ITD 320) AND MADHYA PRADESH HIGH COURT DECISION IN THE CASE OF ESTATE O F LATE TUKOJIRAO HOLKAR V. COMMISSIONER OF WEALTH TAX (223 ITR 480), AND DISMISS THE APPEAL S IN LIMINE . 3. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED. SD/ - SD/ - (K.S.S.PRASAD RAO) JUDICIAL MEMBER (K.K.GUPTA) ACCOUNTANT MEMBER DATE: 23 RD SEPTEMBER, 2011 H.K.PADHEE, SENIOR PRIVATE SECRETARY. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT: 2. THE RESPONDENT: 3. THE CIT, 4. THE CIT(A), 5. THE D R, CUTTACK 6. GUARD FILE (IN DUPLICATE) TRUE COPY, BY ORDER, SENIOR PRIVATE SECRETARY.