M/s. Balu Soc, Tiruppur V. ACIT, Tiruppur

ITA 1779/CHNY/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 8261 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 17-08-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 19-11-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: TAPAS KUMAR DUTTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH C : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER] I.T.A.NO.1779/MDS/09 ASSESSMENT YEAR : 2006-07 M/S BALU SOC. NO.22, DEVANGAPURAM STREET TIRUPUR - 2 VS THE ACIT CIRCLE (1) TIRUPUR [PAN - AAEFB4987B] (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI TAPAS KUMAR DUTTA O R D E R PER HARI OM MARATHA, JM: THIS APPEAL FILED BY THE ASSESSEE, FOR ASSESSMENT YEAR 2006-07, IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-II, COIMBATORE, DATED 04.09.2009. 2. EARLIER, THIS APPEAL WAS FIXED FOR HEARING ON 2 5.1.2010 AND ON THE REQUEST OF THE ASSESSEE, IT WAS ADJOURNED TO 6. 4.2010. AS ON THE DATE FIXED, THE BENCH DID NOT FUNCTION AND THEREFOR E, THE HEARING WAS ADJOURNED TO 8.6.2010. AS NONE APPEARED ON BEHALF O F THE ASSESSEE, AGAIN THE HEARING WAS ADJOURNED TO 17.8.2010 FOR WH ICH NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY REGISTERED AD P OST. DESPITE SERVICE OF NOTICE, AS PER THE ACKNOWLEDGEMENT CARD AVAILABLE ON ITA 1779/09 :- 2 -: RECORD, NEITHER ANYBODY ATTENDED ON BEHALF OF THE A SSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS RECEIVED. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE CASE BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL VIDE ORDER DATED 27 TH MAY 1991 IN ITA NO.800/(DELHI)/1989 IN THE CASE OF CIT V. MULTIPLAN INDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THE SE APPEAL FOR WANT OF PROSECUTION. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 17.8.20 10. SD/- SD/- ( ABRAHAM P GEORGE ) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 17 TH AUGUST 2010. RD COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR