Kisan Sahkari Chini Mills Ltd., Shahjahanpur V. Astt. Commissioner of Income Tax, Bareilly

ITA 149/LKW/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 9765 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 03-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J S MINHAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO. 149 & 150/LKW/2017 ASSESSMENT YEAR: 2006 - 07 & 2008 - 09 KISAN SAHKARI CHINI MILLS LI MITED POWAYAN DISTT. SHAHJAHANPUR V. ACIT CENTRAL CIRCLE BAREILLY T AN /PAN : AAAAK1635N (APP LICA NT) (RESPONDENT) APP LIC ANT BY: NONE RESPONDENT BY: SHRI J.S. MINHAS, CIT (DR) DATE OF HEARING: 17 0 9 201 8 DATE OF PRONOUNCEMENT: 19 0 9 201 8 O R D E R P ER P ARTHA SARATHI CHAUDHURY, J.M : THESE APPEALS PREFERRED BY THE ASSESSEE EMANATE FROM THE RESPECTIVE ORDERS OF THE LD. CIT (A), BAREILLY, DATED 19/12/2016. 2. THESE APPEALS WERE FIXED FOR HEARING BEFORE THE BENCH ON 17/09/2018. AT THE TIME OF HEARING, N ONE APPEARED ON BEHALF OF THE ASSESSEE. THE NOTICE OF HEARING WAS SENT TO THE ASSESSEE THROUGH RPAD, BUT THERE WAS NO COMPLIANCE ON BEHALF OF THE ASSESSEE. EVEN NO APPLICATION SEEKING ADJOURNMENT WAS FILED. THE LAWS AID THOSE WHO ARE VIGILANT, NOT THOSE WH O SLEEP UPON THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN WELL KNOWN DICTUM ' VIGILANTIBUS ET NON DORMIENTIBUS JURA SUBVENIUNT '. 3. UNDER THESE CIRCUMSTANCES, IN OUR CONSIDERED OPINION, THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. WE, THEREFOR E, ITA NO.149 & 150/LKW/2017 PAGE 2 OF 2 HOLD THAT THESE APPEALS ARE LIABLE TO BE DISMISSED FOR NON PROSECUTION. IN THIS REGARD, WE PLACE RELIANCE UPON FOLLOWING CASE LAWS: - 1. CIT VS. MULTIPLAN INDIA LTD., 38 ITD 320 (DEL) 2. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (M.P .) 3. NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495 (P&H) 4. CIT VS. B. N. BHATTACHARGEE AND ANOTHER, 118 ITR 461(SC). 2 . RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CASES CITED ABOVE, WE DISMISS THE APPEALS FILED BY THE ASSESSEE FOR NON - PROSECUT ION. 3 . IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 / 0 9 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19 TH SEPTEMBER , 201 8 JJ: 1709 C OPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR