Shivajirao Patil Nilangemar SSK Ltd., Ambulga V. ITO, Wd. 3(1), Nanded, Nanded

ITA 1533/PUN/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3099 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2010
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 28-11-2008
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER I.T.A. NO. 1533/PN/2008 : A.Y. 2002-03 SHIVAJIRAO PATIL NILANGEKAR SSK LTD., A/P AMBULGA, TAL. NILANGA, DIST. LATUR PAN AAAAS5063L APPELLANT VS. I.T.O. WARD 3(1) NANDED RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI SANTOSH KUMAR ORDER PER SHAILENDRA KUMAR YADAV, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)- AURANGABAD DATED 1-4-2008 FOR A.Y. 2002-03 ON VARIOUS GROUNDS. 2. THIS APPEAL WAS ORIGINALLY FIXED FOR HEARING ON 25-3- 2010. HOWEVER, NO ONE WAS PRESENT ON THE DATE OF HE ARING, THE HEARING WAS ADJOURNED TO 4-5-2010 AND THEREAFTE R ALSO ON A NUMBER OF OCCASIONS THE HEARING WAS ADJOURNED FROM TIME TO TIME AND FINALLY IT WAS FIXED FOR HEARING O N 9-12- 2010 FOR WHICH A NOTICE OF HEARING WAS SENT THROUGH REGD. POST AD ON 26-10-2010. HOWEVER, NONE APPEARED TO DE FEND THE CASE ON BEHALF OF THE ASSESSEE WHEN THE APPEAL CAME PAGE 2 OF 3 ITA NO. 1533/PN/2008 SHIVAJIRAO PATIL NILANGEKAR SSK LTD., A.Y. 2002-03 UP FOR HEARING ON 9-12-2010. ONCE AGAIN NEITHER SO MEONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNM ENT HAS BEEN RECEIVED. UNDER THESE CIRCUMSTANCES, IT MA Y BE REASONABLY CONCLUDED THAT THE ASSESSEE IS NOT INTER ESTED IN PURSUING THIS APPEAL. IN SUCH CASES, THE COURTS/TR IBUNAL HAVE INHERENT POWERS TO DISMISS THE APPEAL FOR NON- PROSECUTION AS HELD BY HONBLE BOMBAY HIGH COURT IN THE CASE OF CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEA L NO. 62 OF 2009. ON THE FACTS OF THE CASE, WE ARE CONVI NCED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THESE AP PEALS. WE THEREFORE, DISMISS THIS APPEAL OF THE ASSESSEE A S UNADMITTED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT AT THE CONCL USION OF THE HEARING ON 9-12-2010. SD/- SD/- (G.S. PANNU) ACCOUNTANT MEMBER (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 9 TH DECEMBER 2010 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)- AURANGABAD 4. THE CIT- AURANGABAD 5. THE D.R, B BENCH, PUNE 6. GUARD FILE BY ORDER PAGE 3 OF 3 ITA NO. 1533/PN/2008 SHIVAJIRAO PATIL NILANGEKAR SSK LTD., A.Y. 2002-03 ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE