Eden Realty Venture (P) Ltd., Kolkata V. D.C.I.T Cir - 5,Kol., Kolkata

ITA 1861/KOL/2012

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4418 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 29-09-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 18-12-2012
• Court: TRIBUNAL

Judgement Text

1 ITA NO. 1861/KOL/2012-B-JM M.P- EDEN REALTY VENTURE P.LTD IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH KOLKATA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBE R AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEM BER I.T.A. NO. 1861/KOL/2012 A.Y: 2008-09 M/S. EDEN REALTY VENTURE VS. D.C.I.T, CIR-5, KOLKA TA PVT. LTD. PAN: AAACL 9697H (APPELLANT) (RESPONDENT) APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE/ ADJ. PETITION NOT FI LED SHRI RAJAT KUMAR KUREEL,JCIT, LD.SR.DR FOR THE R EVENUE DATE OF HEARING : 29-09- 2016 DATE OF PRONOUNCEMENT : 29-09-2016 O R D E R SHRI S.S. VISWANETHRA RAVI, JM :- THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST ORD ER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), VI, K OLKATA DATED 19-10-2011 FOR THE ASSESSMENT YEAR 2008-0 9. 2. IT IS OBSERVED FROM THE RECORD THAT THIS APPEAL WAS INITIALLY DISMISSED FOR NON PROSECUTION ON 07-05-2015. THEREA FTER, THE SAID ORDER WAS RECALLED IN MA NO.42/KOL/2015 BY THI S TRIBUNAL ON 05-08-2016. AGAIN THE SAID APPEAL WAS FIXED FOR HEA RING ON THIS 2 ITA NO. 1861/KOL/2012-B-JM M.P- EDEN REALTY VENTURE P.LTD DAY I.E. ON 29-09-2016, WHEREIN THE ASSESSEE OR ITS LD.AR NOT APPEARED WHEN THE MATTER WAS CALLED FOR HEARING. 3. INSPITE OF SERVICE OF NOTICES FOR THE HEARING ON VARIOUS DATES, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJ OURNMENT PETITION WAS FILED. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS CASE. IN VIEW OF THE ABOVE, FOL LOWING THE DECISIONS OF THE ITAT, DELHI BENCH IN THE CASE OF MULTIPLAN INDIA (P) LIMITED REPORTED IN 38 ITD 320(DEL) AND HONBLE M.P HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT REPORTED IN (223 ITR 480(MP), WE DISMISS THE APPEA L OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29-09-2 016. SD/- SD/- WASEEM AHMED S.S.VIS WANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29/09/2016 3 ITA NO. 1861/KOL/2012-B-JM M.P- EDEN REALTY VENTURE P.LTD 1. THE APPELLANT/ASSESSEE: M/S. EDEN REALTY VENTUR E (P) LTD 7 J.L NEHRU ROAD, METROPOLITON BUILDING, 1 ST FLOOR, KOLKATA-700 013. 2 . THE RESPONDENT/DEPARTMENT: THE DCIT,CIR-5, P-7, C HOWRINGHEE SQUARE, AAYKAR BHAVAN, KOLKATA - 700069. 3. CIT 4. CIT(A) 5. THE DEPARTMENTAL REPRESENTATIVE 6. GUARD FILE TRUE COPY B Y ORDER ASSISTANT REGIS TRAR ** PRADIP SPS INCOME TAX APPELLATE TRIBUNAL KOLKAT A BENCHES, KOLKATA COPY OF THE ORDER FORWARDED TO:-