M/s Golden Investment Management Pvt. Ltd., Kolkata V. Pr. CIT, Kolkata-1, Kolkata, Kolkata

ITA 144/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6034 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 30-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: N O N E
• Section: 263

Judgement Text

1 ITA NO.144/KOL/2017 GOLDEN INVESTMENT MANAGEMENT PVT. LTD. AY 2008-09. , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VA RKEY, JM] I.T.A. NO. 144/KOL/2017 ASSESSMENT YEAR: 2008-09 GOLDEN INVESTMENT MANAGEMENT (P) LTD. (PAN: AADCG1896J) VS. PR. COMMISSIONER OF INCOME-TAX, KOL-1, KOLKATA APPELLANT RESPONDENT DATE OF HEARING 16.04.2018 DATE OF PRONOUNCEMENT 05.07.2018 FOR THE APPELLANT N O N E FOR THE RESPONDENT SHRI G. MALLIKARJUNA, CIT, DR ORDER PER SHRI A.T.VARKEY, JM THE APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. PR. CIT-1, KOLKATA DATED 05.01.2017 FOR AY 2008-09 PASSED U/S. 263 OF THE IN COME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2. AT THE TIME OF HEARING, NEITHER ANYBODY APPEARED ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION SEEKING ADJOURNMENT. WE NOTE THAT T HIS APPEAL OF ASSESSEE WAS DISMISSED FOR NON PROSECUTION EARLIER AND WAS RECALLED ON 01.12.2 017 VIDE MA NO. 147/KOL/2017. AGAIN ON 13.12.2017 APPEAL WAS FIXED FOR HEARING ON 18.01 .2018 BUT ON THAT DATE HEARING WAS ADJOURNED TO 08.03.2018 FOR NON-FUNCTIONING OF BENC H. ON 08.03.2018 NONE APPEARED ON BEHALF OF THE ASSESSEE AND THE HEARING WAS ADJOURNE D TO 16.04.2018 AND NOTICE WAS ISSUED BY RPAD. ON 16.04.2018, WHEN THE MATTER WAS TAKEN UP FOR HEARING NO ONE REPRESENTED ON BEHALF OF ASSESSEE. SO, IT GIVES AN IMPRESSION THA T ASSESSEE IS NOT SERIOUSLY INTERESTED IN PURSUING THE APPEAL BEFORE THE TRIBUNAL. THE HONBL E SUPREME COURT IN THE CASE OF CIT VS. B. N. BHATTACHARJEE & ANR. 118 ITR 461 (SC) OBSERV ED THAT PREFERRING AN APPEAL MEANS EFFECTIVELY PURSUING IT AND THE LAW DOES NOT HELP A SLEEPING LITIGANT. HENCE, THE ASSESSEES APPEAL IS LIABLE TO BE DISMISSED AS UN-ADMITTED. WE , THEREFORE, RELYING UPON THE DECISION OF 2 ITA NO.144/KOL/2017 GOLDEN INVESTMENT MANAGEMENT PVT. LTD. AY 2008-09. ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (PVT.) LTD., 38 ITD 320 (DEL), DISMISS THE APPEAL OF THE ASSESSEE FOR NON-APPEARAN CE. 3. WE, FURTHER, MAKE IT CLEAR THAT IF THE ASSESSEE IS ADVISED TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER, THEN IT IS AT LIB ERTY TO DO SO FOR JUST CAUSE AND THE TRIBUNAL MAY DECIDE IN ACCORDANCE TO LAW. 4. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 5 TH JULY, 2018 SD/- SD/- (J. SUDHAKAR REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : `5TH JULY, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT GOLDEN INVESTMENT MANAGEMENT PVT. LT D., 8C, MAHARSHI DEBENDRA ROAD, ROOM NO. 29, 5 TH FLOOR, KOLKATA-700 007. 2 RESPONDENT PR. CIT, KOL-1, KOLKATA. 3. 4. ITO, WARD-1(4), KOLKATA. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, SR. PVT. SECRETARY