Kerala Ireland foundation, Cochin V. CIT, Cochin

ITA 18/COCH/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 69064 (ITAT-COCHIN)
• Duration Of Justice: 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 18-09-2013
• Assessment Year: misc
• Appeal Filed On: 16-01-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM I.T.A. NO. 18/COCH/2013 ASSESSMENT YEAR : - KERALA IRELAND FOUNDATION, DOOR NO. 18/2161C, KOCHUPALLI ROAD, THOPPUMPADY, COCHIN-5 [PAN:AABTK 8779K] VS. THE COMMISSIONER OF INCOME-TAX, KOCHI. (ASSESSEE -APPELLANT) (REVENUE-R ESPONDENT) ASSESSEE BY NONE REVENUE BY SMT. S. VIJAYAPRABHA, JR. DR DATE OF HEARING 22/05/2013 DATE OF PRONOUNCEMENT 22/05/2013 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DATED 29-11-2012 PASSED BY THE LD. CIT, KOCHI U/S. 12AA(1)(B)(II) OF THE I. T. ACT, 1961. 2. THE INSTANT APPEAL WAS ORIGINALLY FIXED FOR HEAR ING ON 08-04-2013. SUBSEQUENTLY, THE APPEAL WAS ADJOURNED TO 22/05/2013 AT THE REQUE ST OF THE ASSESSEE VIDE LETTER DATED 05/04/2013. HOWEVER, ON THE DATE OF HEARING OF THE APPEAL, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICAT ION FILED BEFORE THE TRIBUNAL. 3. THERE MAY BE VARIOUS REASONS FOR THE ASSESSEE IN NOT PURSUING THE APPEAL FILED BY IT BEFORE THE TRIBUNAL AND ONE OF THE REASONS MA Y BE THAT THE ASSESSEE MAY NOT BE INTERESTED IN PROSECUTING THE INSTANT APPEAL. ACCO RDING TO THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA LIMITED VS. CIT, 38 ITD 320 (NEW DELHI) AND THE JUDGMENT OF HONBLE MADHYA PRADESH HIGH COURT IN TH E CASE OF LATE TUKOJIRAO HOLKAR, I.T.A. NO.18 /COCH/2013 2 223 ITR 480 (M.P.), THE APPEAL FILED BY THE ASSESSE E CAN BE DISMISSED FOR WANT OF PROSECUTION. FOR THE REASONS DISCUSSED SUPRA, WE PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THIS APPEAL. ACCORDINGLY, WE DISMISS THE APPEAL FILED BY THE ASSESSEE. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED ACCORDINGLY ON 22/05/2013 . SD/- SD/- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 22ND MAY, 2013 GJ COPY TO: 1. KERALA IRELAND FOUNDATION, DOOR NO. 18/2161C, KO CHUPALLI ROAD, THOPPUMPADY, COCHIN-5 2.THE COMMISSIONER OF INCOME-TAX, KOCHI 3. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 4. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR ) I.T.A.T, COCHIN I.T.A. NO.18 /COCH/2013 3