M/s. Dhiraj Enterprises Pvt. Ltd., Kolkata V. ITO, Ward-12(1), Kolkata, Kolkata

ITA 1697/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1616 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 20-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 68

Judgement Text

I.T.A. NOS. 1697, 1698, 1699 & 1700/KOL./2014 ASSESSMENT YEAR: 2003-2004, 2004-05, 2005-06 & 2005 -06 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NOS. 1697, 1698, 1699 & 1700/KOL/ 2014 ASSESSMENT YEARS: 2003-2004, 2004-2005, 2005-2006 & 2005-2006 M/S. DHIRAJ ENTERPRISES PVT. LIMITED,.............. .............................APPELLANT 52/4/1, BALLYGUNGE CIRCULAR ROAD, KOLKATA-700 019 [PAN: AACCD 0428 J] -VS.- INCOME TAX OFFICER,................................ .....................................RESPONDENT WARD-12(1), KOLKATA, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: N O N E, FOR THE ASSESSEE SHRI DEBASISH BANERJEE, ADDL. CIT (D.R.), FOR THE D EPARTMENT DATE OF CONCLUDING THE HEARING : JUNE 22, 2017 DATE OF PRONOUNCING THE ORDER : JUNE 22, 2017 O R D E R PER BENCH : OUT OF THESE FOUR APPEALS FILED BY THE ASSESSEE, TH REE APPEALS BEING ITA NOS. 1697, 1698 & 1700/KOL/2014 ARE DIRECTED AG AINST THREE SEPARATE ORDERS OF LD. CIT(APPEALS), CENTRAL-III, K OLKATA, ALL DATED 24.06.2014 WHEREBY HE CONFIRMED THE PENALTIES IMPOS ED BY THE ASSESSING OFFICER FOR A.YS. 2003-04, 2004-05 & 2005-06 UNDER SECTION 271(1)(C), WHILE THE FOURTH APPEAL BEING ITA NO. 1699/KOL/2014 IS DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS), CENTRAL-III, KOLKATA DATED 24.06.2014 WHEREBY HE UPHELD THE ORDER PASSED BY THE ASSESSIN G OFFICER UNDER SECTION 143(3)/263 THEREBY CONFIRMING THE TWO ADDIT IONS MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED CASH CR EDIT UNDER SECTION 68 AND DISALLOWING SOME DEPRECIATION. I.T.A. NOS. 1697, 1698, 1699 & 1700/KOL./2014 ASSESSMENT YEAR: 2003-2004, 2004-05, 2005-06 & 2005 -06 PAGE 2 OF 3 2. THE APPEALS FILED BY THE ASSESSEE IN THIS CASE W ERE INITIALLY FIXED FOR HEARING ON 23.03.2017. THE BENCH, HOWEVER, DID NOT FUNCTION ON THE SAID DATE AND THE HEARING, THEREFORE, WAS ADJOURNED TO 1 1.05.2017. ON 11.05.2017, THE ASSESSEE SOUGHT ADJOURNMENT AND ACC ORDINGLY THE HEARING WAS ADJOURNED TO 22.06.2017. ON 22.06.2017, I.E. TO DAY, NONE, HOWEVER, HAS APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPL ICATION SEEKING ADJOURNMENT HAS BEEN FILED. IT APPEARS FROM THIS CO NDUCT OF THE ASSESSEE THAT IT IS NOT SERIOUSLY INTERESTED IN PROSECUTING THESE APPEALS FILED BEFORE THE TRIBUNAL. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WEL L KNOWN DICTUM - VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIENT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS.- MULTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADE SH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS.- C.W.T . REPORTED IN 223 ITR 480, WE TREAT THESE APPEALS AS UNADMITTED AND DISMI SS THE SAME FOR NON- PROSECUTION. 4. IN THE RESULT, ALL THE APPEALS FILED BY THE ASSE SSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 22, 2017 . SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT ME MBER KOLKATA, THE 22 ND DAY OF JUNE, 2017 COPIES TO : (1) M/S. DHIRAJ ENTERPRISES PVT. LIMITED, 52/4/1, BALLYGUNGE CIRCULAR ROAD, KOLKATA-700 019 (2) INCOME TAX OFFICER, WARD-12(1), KOLKATA, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 I.T.A. NOS. 1697, 1698, 1699 & 1700/KOL./2014 ASSESSMENT YEAR: 2003-2004, 2004-05, 2005-06 & 2005 -06 PAGE 3 OF 3 (3) COMMISSIONER OF INCOME TAX (APPEALS)CENTRAL-II I, KOLKATA; (4) COMMISSIONER OF INCOME TAX ,KOLKAT A (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, HEAD OF OFFICE/DDO INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.