M/s Doon Valley Finance and Leasing Limited, Kolkata V. Pr. CIT, Shimla

ITA 1449/CHANDI/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3929 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-07-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 29-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANDEEP DAHIYA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCHES A, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R.KUMAR, ACCOUNTANT MEMBER ITA NO. 1449/CHD/2017 ASSESSMENT YEAR: 2012-13 M/S DOON VALLEY FINANCE & VS THE PR. CIT, LEASING LTD.,2/6, SARAT BOSE ROAD, SHIMLA. 3 RD FLOOR, SUIT NO. 308, KOLKATA. PAN : AAACD6366K (A PPELLANT) (RESPONDENT) APPELLANT BY : SHRI TEJ MOHAN SINGH RESPONDENT BY : SHRI SANDEEP DAHIYA,CIT-DR DATE OF HEARING : 24.07.2018 DATE OF PRONOUNCEMENT : 03.10.2018 ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ASS AILING THE CORRECTNESS OF THE ORDER DATED 23.03.2017 OF CIT(A) SHIMLA PERTAINING TO 2012-13 ASSESSMENT YEAR. 2. AT THE TIME OF HEARING, AN ADJOURNMENT APPLICATION WAS MOVED ON BEHALF OF THE ASSESSEE BY THE LD. AR SEEKING TIME TO OBTA IN THE RELEVANT RECORD. ATTENTION WAS INVITED TO THE FACT THAT REGISTRY HAS POINTED OUT A DELAY OF 130 DAYS ON 08.12.2017. TILL DATE, NO EFFORT HAS BEEN MADE ON BEHALF OF THE ASSESSEE TO EXPLAIN THE DELAY. IT IS SEEN THA T THE APPEAL OF THE ASSESSEE HAS BEEN ADJOURNED ON 30.01.2018 AND AGA IN ON 16.04.2018 ON THE REQUEST OF THE ASSESSEE. IN THESE CIRCUMSTANCES IT CAN BE SAFELY ASSUMED THAT THE ASSESSEE MAY NOT BE SERIOU S IN PURSUING THE APPEAL FILED. SUPPORT IS FROM THE ORDER OF THE ITAT DELHI BEN CHES IN THE CASE OF CIT VS MULTIPLAN INDIA PVT. LTD. (1991) 38 ITD 320 AND THE DECISION OF HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE SHRI TUKOJI RAO HOLKAR VS WEALTH TAX COMMISSIONER 223 ITR 480 (MP) ETC. 3. BEFORE PARTING, IT IS APPROPRIATE TO ADD THAT IN THE EVE NTUALITY THE ASSESSEE IS ABLE TO SHOW THAT THERE WAS A REASONABLE C AUSE FOR NOT FILING THE RELEVANT RECORD, IT WOULD BE AT LIBERTY TO PRAY FOR A RECALL OF THIS ORDER ITA 1449/CHD/2017 A.Y. 2012-13 PAGE 2 OF 2 BY MAKING AN APPROPRIATE PRAYER. SAID ORDER WAS PRONO UNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03.10. 2018. SD/- SD/- ( DR.B.R.R.KUMAR) ( DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.