Vinayak Distilleries Pvt. Ltd., Gwalior V. AC IT, Gwalior

ITA 175/AGR/2009

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 2428 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 10 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 31-03-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 01-05-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HOMI RANVANSH
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER AND SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO.175/AGR./2009 ASSTT. YEAR : 2004-05 VINAYAK DISTILLERIES PVT. LTD. VS. A.C.I.T., CIR CLE 3(1), 12-AA, MAHARAJPURA INDL. AREA, GWALIOR. BHIND ROAD, GWALIOR. (PAN : AAACV7823 P) (APPELLANT) (RESPONDENT) FOR APPELLANT : NONE FOR RESPONDENT : SHRI HOMI RANVANSH, CIT, DR. ORDER PER P.K. BANSAL, A.M. : THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED CIT, GWALIOR DATED 05.02.2009 PASSED U/S. 263 OF THE INCOME-TAX ACT. 2. NONE IS PRESENT ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE FOR HEARING WAS SERVED ON THE ASSESSEE THROUGH REGISTERED POST, ACKNOWLEDGEMENT O F WHICH IS AVAILABLE ON RECORD. NO ADJOURNMENT APPLICATION HAS COME ON RECORD ON BEHAL F OF THE ASSESSEE. IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, WE ARE, THEREFOR E, OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE THE MATTER IN DISPUTE. THE LAW ASSISTS ONLY THOSE WHO ARE VIGILANT OF THEIR RIGHTS, AND NOT THOSE WHO SLEEP OVER THEM. TH IS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS NON DORMENTIBUS, JURA SUBVENIU NT. UNDER THE CIRCUMSTANCES, KEEPING IN MIND THE PROVISIONS OF RU LE 19(2) OF THE INCOME TAX APPELLATE TRIBUNAL RULES, 1963, AS WELL AS THE DECISIONS BY T HE TRIBUNAL, AS IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED, 38 ITD 320 (DELHI) AND BY THE HIGHER COURTS, AS IN THE CASE OF ESTATE OF 2 LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (MP), WE TREAT THE ASSESSEES APPEAL AS UN- ADMITTED, AND DISMISS THE SAME IN LIMINE. 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 29.03.2011. SD/- SD/- (H.S. SIDHU) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 4 TH APRIL, 2011 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY