The Honavar Urban Co-operative Bank Ltd, U.K V. ITO-Ward-2, Udupi

ITA 1699/BANG/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7394 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 26-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA.1699/BANG/2016 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'B', BENGALURU BEFORE SHRI. A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER I.T.A NO.1699/BANG/2016) (ASSESSMENT YEAR : 2012-13) THE HONNAVAR URBAN CO-OPERATIVE BANK LTD, BANK ROAD, HONNAVARA - 581334 .. APPELLANT PAN : AAAAT8850E V. INCOME-TAX OFFICER (TDS), WARD 2, UDUPI .. RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI. N. SUKUMAR, ADDL. CIT HEARD ON : 11.09.2017 PRONOUNCED ON : 27.10.2017 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THE PRESENT APPEAL IS FILED BY THE ASSESSEE, ARISI NG OUT OF THE ORDER OF THE CIT (A), MANGALURU, DT.16.08.2016, FOR THE ASSESSMENT YEAR 2012-13, ON THE GROUND THAT THE LOWER AUTHORIT IES HAVE ERRED IN DISALLOWING / REJECTING THE CLAIM OF THE ASSESSEE U /S.36(1)(VIIIA) OF THE ACT, AMOUNTING TO RS.7,84,266/-, WHICH IS 7% OF TH E TOTAL INCOME. ITA.1699/BANG/2016 PAGE - 2 02. WE FIND FROM THE ORDER SHEET THAT THE CASE WAS INITIALLY POSTED FOR HEARING ON 03.02.2017, ON WHICH DAY NOBODY APPE ARED BUT A WRITTEN SUBMISSION DT.30.01.2017 WAS FILED EXPRESSI NG ITS INABILITY TO APPEAR BEFORE US AND REQUESTING THE BENCH TO DECIDE THE APPEAL ON THE BASIS OF THE WRITTEN SUBMISSIONS. BUT ONE MORE OPP ORTUNITY WAS GIVEN TO THE ASSESSEE TO APPEAR FOR HEARING ON 11.09.2017 . ALTHOUGH THE NOTICE OF HEARING WAS SENT TO THE ASSESSE BY RPAD, THE ASSESSEE HAS NOT CHOSEN TO APPEAR ON THE DATE OF HEARING. IN TH E CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE ASSESSEE IS NOT INTERES TED IN PROSECUTING ITS CASE. WE DISMISS THE APPEAL FOLLOWING THE DECISION OF THE DELHI BENCH OF THE ITAT IN CIT V. MULTIPLAN INDIA P.LTD., (1991) 38 ITD 320 AND OF THE MADHYA PRADESH HIGH COURT IN THE CAS E OF ESTATE OF LATE TUKOJI RAO HOLKAR V. CWT (1997) 223 ITR 480, A S THE APPEAL IS INFRUCTUOUS FOR NON-PROSECUTION. 03. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 27TH DAY OF O CTOBER, 2017 SD/- SD/- (A. K. GARODIA) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL M EMBER BENGALURU DATED : 27.10.2017 MCN* ITA.1699/BANG/2016 PAGE - 3 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY