D.J. Patel & Co., Vadodara V. The ITO, Ward-1(2)(3)., Vadodara

ITA 1479/AHD/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4980 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 16-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ITA NO.1479/AHD/2017 (ASSESSMENT YEAR : 2012-13) D. J. PATEL & CO. NEAR ST DEPOT, STATION ROAD, BARODA. VS. ITO, WARD 1(2)(3), BARODA. [PAN NO. AACFD 4436 B] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : --NONE-- RESPONDENT BY : SHRI SUMIT KUMAR VERMA, SR. D.R. DATE OF HEARING 10/05/2019 DATE OF PRONOUNCEMENT 14/05/2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER DATED 29.03.2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-5, VADODARA UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED A S TO THE ACT) ARISING OUT OF THE ORDER DATED 27.03.201 5 PASSED BY THE INCOME TAX OFFICER, WARD 1(2)(3), VADODARA FOR THE ASSESSMEN T YEAR 2012-13. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF O F THE ASSESSEE. NOTICE OF HEARING WAS SENT TO THE ASSESSEE THROUGH RPAD PO ST AS PER THE ADDRESS GIVEN IN COLUMN NO.10 OF FORM NO.36, BUT THE SAME W AS RETURNED BY THE POSTAL AUTHORITIES WITH THE REMARK LEFT WHICH IS PLACED ON RECORD. THE ASSESSEE HAS ALSO NOT FILED ANY APPLICATION FOR ADJ OURNMENT OF THE CASE. ITA NO.1479/AHD/2017 D. J. PATEL & CO. VS.ITO ASST.YEAR 2012-13 - 2 - THEREFORE, IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING WITH ITS APPEAL BEFORE THE TRIBUNAL, THEREFORE, FOLLOWING OR DER OF THE ITAT, DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. L TD., 38 ITD 320 (DELHI), WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. HOWEVER THE ASSESSEE IS AT LIBERTY TO FILE THE APPL ICATION FOR RECALLING THE ORDER IN FUTURE AFTER EXPLAINING THE REASONS FOR TH E NON APPEARANCE ON THE DATE OF HEARING IF HE IS SERIOUS IN PURSUING THE APPEAL. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. THIS ORDER PRONOUNCED IN OPEN COURT ON 14/05/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 14/05/2019 PRITI YADAV, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)-5, VADODARA. 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 13.05.2019 (COVERED CASE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 13.05.2019 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S .. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER