Smt. Ritu Devi, CHENNAI V. ACIT, CHENNAI

ITA 206/CHNY/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81243 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-10-2014
• Assessment Year: 2002-2003
• Appeal Filed On: 22-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S DAS GUPTA JCITD R
• Section: 144

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . !' , # $ BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER ./ I.T.A.NO.206/MDS./2014 ( / ASSESSMENT YEAR :2002-03) SMT.RITU DEVI , 36,WALLAJAH ROAD, CHENNAI 600 002. VS. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), CHENNAI. PAN AAFPD 9973 Q ( %& / APPELLANT ) ( '(%& / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : MR.S.DAS GUPTA, JCIT,D.R / DATE OF HEARING : 29.10.2014 ! /DATE OF PRONOUNCEMENT : 29.10.2014 ) / O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE ASSESSEE, AGGRIEVED B Y THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX,(CENTRAL)-IX , CHENNAI ITA NO.206/MDS/14 2 DATED 21.01.2009 IN ORDER NO.26/05-06 PASSED UNDER SECTION 144 READ WITH SECTION 250 OF THE ACT. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED A WRITTEN APPLICATION STATIN G AS FOLLOWS:- ITA NO.206/MDS./2014 RITU DEVI PETITIONER PETITION FOR WITHDRAWAL OF VAKALATH THE ABOVE APPEAL IS POSTED FOR HEARING ON 29.10.201 4 BEFORE THE BENCH AND WE ARE INSTRUCTED BY MR.LALIT KUMAR SURAN A, C.A TO WITHDRAW THE VAKALTH EARLIER FILED IN THE ABOVE MATTER BY TH E UNDERSIGNED. IN THIS REGARD, THE UNDERSIGNED FURTHER SUBMITS THAT DUE TO APPARENT PARTITION/FAMILY ARRANGEMENT, WE SEEK PERMISSION OF THE BENCH FOR WITHDRAWING THE VAKALATH FILED. ACCORDINGLY IT IS P RAYED THAT THE NOTICE FOR THE NEXT HEARING MAY BE SENT DIRECTLY TO THE AS SESSEE AND THUS RENDER JUSTICE. THE INCONVENIENCE CAUSED IN THIS REGARD IS VERY MUC H REGRETTED. DATED AT CHENNAI THE 29 TH DAY OF OCTOBER, 2014. 3. AT THE OUTSET IT IS OBSERVED THAT THE LD. A .R. HAS BEEN CONSISTENTLY SEEKING ADJOURNMENTS ON EARLIER OCCASI ONS AND HAVE ALSO FAILED TO FURNISH CONDONATION PETITION FOR THE DELAY OF 1743 DAYS IN FILING THE APPEAL. IT IS FURTHER OBSERVED THAT THE LD. A.R. IS SEEKING ITA NO.206/MDS/14 3 INSTRUCTIONS ONLY FROM A CHARTERED ACCOUNTANT AND N OT FROM THE ASSESSEE. THEREFORE FROM THE CONDUCT OF THE ASSESSE E AND THE LD. A.R. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE THE CASE. HENCE FOLLOWING THE DECISION OF THE DELHI BE NCH OF THE TRIBUNAL IN THE CASE OF C.I.T. VS. MULTIPLAN (INDIA) LTD .(38 ITD 320 )(DEL.), WE HEREBY DISMISS THE APPEAL FILED BY THE ASSESSEE IN LIMINE . 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUS ION OF HEARING ON 29 TH OCTOBER, 2014. SD/- SD/- (V. DURGA RAO) (A.MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 29 TH OCTOBER,2014. K S SUNDARAM. '# $%&% /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. '() /CIT(A) 4. ' /CIT 5. %*+ , /DR 6. +-. /GF