Popular Mini fInance, Trivandrum V. DCIT, Kottayam

ITA 143/COCH/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 64997 (ITAT-COCHIN)
• Duration Of Justice: 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 22-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA
• Keywords: Revision of order; Reasonable cause
• Section: 263

Judgement Text

1 ITA NO.143/COCH/2012 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKA RAN(AM) I.T.A NO. 143/COCH/2012 (ASSESSMENT YEAR 2007-08) POPULAR MINI FINANCE VS DY.CIT, CENT.CIR. POPULAR TOWERS KOTTAYAM VAKAYAR, KONNI PAN : AABFP6665P (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SMT. S VIJAYAPRABHA DATE OF HEARING : 04-12-2012 DATE OF PRONOUNCEMENT : 04-12-2012 O R D E R PER N.R.S. GANESAN (JM) THIS APPEAL OF THE TAXPAYER IS DIRECTED AGAINST TH E ORDER OF THE ADMINISTRATIVE COMMISSIONER U/S 263 OF THE INCOME-T AX. 2. THIS APPEAL OF THE TAXPAYER WAS FIXED FOR HEARIN G ON 04-12-2012 AND NOTICE OF HEARING WAS SERVED ON THE TAXPAYER BY REG ISTERED POST. THE REGISTRY HAS PLACED ON RECORD THE POSTAL ACKNOWLEDG EMENT AS PROOF OF 2 ITA NO.143/COCH/2012 SERVICE OF NOTICE ON THE TAXPAYER. HOWEVER, WHEN T HE APPEAL WAS TAKEN UP FOR HEARING ON 04-12-2012 NO ONE APPEARED FOR THE T AXPAYER . THERE MAY BE VARIOUS REASONS FOR THE TAXPAYER IN NOT APPEARIN G BEFORE THIS TRIBUNAL. ONE OF THE REASONS PRESUMABLY MAY BE THAT THE TAXPA YER MAY NOT BE INTERESTED IN PROSECUTING THE APPEAL ANY FURTHER. WHATEVER MAY BE THE REASONS, KEEPING THE PROVISIONS OF RULE 24 OF I.T.A .T. RULES IN MIND, THE APPEAL OF THE TAXPAYER IS DISMISSED FOR NON PROSECU TION. HOWEVER, IT IS MADE CLEAR THAT IT IS OPEN TO THE TAXPAYER FOR MOVI NG THIS TRIBUNAL FOR RECALL OF THIS ORDER PROVIDED THERE WAS REASONABLE CAUSE O N THE PART OF THE TAXPAYER FOR NOT APPEARING BEFORE THIS TRIBUNAL ON 04-12-2012 WHEN THE APPEAL WAS TAKEN UP FOR HEARING. 3. WITH THE ABOVE OBSERVATIONS, THE APPEAL OF THE T AXPAYER IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 04 TH DAY OF DECEMBER, 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 04 TH DECEMBER, 2012 PK/- 3 ITA NO.143/COCH/2012 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE COMMISSIONER OF INCOME-TAX 4. THE COMMISSIONER OF INCOME-TAX(A) 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH